[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR164.90]



[Page 177]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 

                           Expedited Hearings)

 

Sec. 164.90  Initial decision.



    (a) Proposed findings of fact, conclusions, and order. Within 20 

days after the last evidence is taken in a hearing, each party may file 

with the hearing clerk proposed orders, findings of fact, and 

conclusions of law based solely on the record, and a brief in support 

thereof. Within 10 days thereafter, each party may file a reply brief. 

The Administrative Law Judge may, in his discretion, extend the total 

time period for filing any proposed findings, conclusions, orders or 

briefs for an additional 30 days. In such instances, briefs and replies 

shall be due at such time as the Administrative Law Judge may fix by 

order. The hearing shall be deemed closed at the conclusion of the 

briefing period.

    (b) Initial decision. The Administrative Law Judge, within 25 days 

after the close of the hearing, shall evaluate the record before him, 

and prepare and file his initial decision with the hearing clerk. A copy 

of the initial decision shall be served upon each of the parties, and 

the hearing clerk shall immediately transmit a copy to the Environmental 

Appeals Board. The initial decision shall become the decision of the 

Environmental Appeals Board without further proceedings unless an appeal 

is taken from it or the Environmental Appeals Board orders review of it, 

pursuant to Sec. 164.101.



[38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992]