[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: 40CFR164.23]



[Page 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.  164.23  Contents of the statement of issues to accompany notice of 

intent to hold a hearing.



    (a) Concise statement required. The statement of issues by the 

Administrator shall set a time in which any person wishing to 

participate in the hearing shall file a written response to the 

statement of issues as provided by Sec.  164.24. The statement of issues 

shall include questions as to which evidence shall be taken at the 

hearing. Those questions may include questions concerning whether a 

pesticide's registration should be canceled or its classification 

changed, whether its composition is such as to warrant the claims for 

it, whether its labeling and other material submitted comply with the 

requirements of the Act, whether it will perform its intended function 

without unreasonable adverse effects on the environment, and whether, 

when used in accordance with widespread and commonly recognized 

practice, it will or will not generally cause unreasonable adverse 

effects on the environment.

    (b) Amendment to statement of issues. The statement of issues may be 

amended or enlarged by the Administrator at any time prior to the 

commencement of the public hearing. If the Administrative Law Judge 

determines that additional time is necessary to permit a party to 

prepare for matters raised by amendments or enlargements to the 

statement of issues, the commencement of the hearing shall be delayed 

for an appropriate period.