[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: 40CFR164.122]



[Page 178]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

       Subpart C_General Rules of Practice for Expedited Hearings

 

Sec.  164.122  Final order and order of suspension.



    (a) Final order. Within 7 days of receipt of the record and of the 

Presiding Officer's recommended findings and conclusions, the 

Environmental Appeals Board shall issue a final decision and order. Such 

final order may accept or reject in whole or in part the recommendations 

of the Presiding Officer.

    (b) Order of suspension. No final order of suspension shall be 

issued unless the Environmental Appeals Board has issued or at the same 

time issues a notice of its intention to cancel the registration or 

change the classification of the pesticide. Such notice shall be given 

as provided in Sec.  164.8.



[38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992]