[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: 40CFR164.110]



[Page 176-177]

 

                   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.  164.110  Motion for reopening hearings; for rehearing; for 

reargument of any proceeding; or for reconsideration of order.



    (a) Filing; service. A motion for reopening the hearing to take 

further evidence, or for rehearing or reargument of any proceeding or 

for reconsideration of the order, must be made by motion to the 

Environmental Appeals Board filed with the hearing clerk. Every such 

motion must state specifically the grounds relied upon.

    (b) Motion to reopen hearings. A motion to reopen a hearing to take 

further evidence may be filed at any time prior to the issuance of the 

Administrator's final order. Every such motion shall state briefly the 

nature and purpose of the evidence to be adduced, shall show that such 

evidence is not merely cumulative, and shall set forth good reason why 

such evidence was not adduced at a hearing.

    (c) Motions to rehear or reargue proceedings, or to reconsider final 

orders. A motion to rehear or reargue the proceeding or to reconsider 

the final order shall be filed within 10 days after the date of service 

of the final order. Every such motion must state specifically the 

matters claimed to have been erroneously decided, and alleged errors 

must be briefly stated. Motions to rehear or reargue proceedings or to 

reconsider final orders shall be directed to, and heard by, the 

Environmental Appeals Board. Motions under this section directed to the 

Administrator will not be considered, except in cases that the 

Environmental Appeals Board has



[[Page 177]]



referred to the Administrator pursuant to Sec.  164.2(g) and in which 

the Administrator has issued the final order. A motion for 

reconsideration shall not stay the effective date of the final order 

unless specifically so ordered by the Environmental Appeals Board.



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