[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: 40CFR164.22]



[Page 167-168]

 

                   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.  164.22  Contents of document setting forth objections.



    (a) Concise statement required. Any document containing objections 

to an order of the Administrator of his refusal to register, or his 

intent to cancel the registration, or change the classification of a 

pesticide, shall clearly and concisely set forth such objections and the 

basis for each objection, including relevant allegations of fact 

concerning the pesticide under consideration. The document shall 

indicate the registration number of the pesticide, if applicable, a copy 

of the currently accepted and/or proposed labeling and a list of the 

currently registered or proposed uses of said pesticide.

    (b) Amendments to objections byleave. Objections may be amended at 

any time prior to the commencement of the



[[Page 168]]



public hearing by leave of the Administrative Law Judge or by written 

consent of all parties. The Administrative Law Judge shall freely grant 

such leave when justice so requires. If the Administrative Law Judge 

determines that additional time is necessary to permit a party to 

prepare for matters raised by amendments to objections, the commencement 

of the hearing shall be delayed for an appropriate period. This 

subsection shall not permit the addition, beyond the statutory deadline, 

of registered pesticides which are not included in the objections filed 

pursuant to paragraph (a) of this section.

    (c) Amendments to objections as a matter of right. Objections may be 

amended as a matter of right within 30 days, or in such time as the 

Administrator shall designate, after the Administrator amends his notice 

of intent to cancel a registration, change a classification, or his 

refusal to register a pesticide.