[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

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

[CITE: 40CFR164.102]



[Page 176]

 

                   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.  164.102  Appeals from accelerated decisions.



    (a) Within 20 days after filing of an accelerated decision by the 

Administrative Law Judge, any party may file exceptions and a supporting 

brief with the hearing clerk, stating with particularity the grounds 

upon which he asserts that the decision is incorrect. The party shall 

include in its brief page references to the relevant portions of the 

record, if applicable.

    (b) Within 7 days of the service of exceptions and brief under 

paragraph (a) of this section, any other party or amicus curiae may file 

and serve a brief responding thereto, with appropriate page references 

to the relevant portions of the record, if applicable.

    (c) Ordinarily, the appeal from an accelerated decision will be 

decided on the basis of the submission of briefs, but the Environmental 

Appeals Board may allow additional briefs and oral argument.



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