[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: 40CFR164.5]



[Page 165]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

                            Subpart A_General

 

Sec.  164.5  Filing and service.



    (a) All documents or papers required or authorized to be filed, 

shall be filed with the hearing clerk, except as provided otherwise in 

this part. At the same time that a party files documents or papers with 

the clerk, it shall serve upon all other parties copies thereof, with a 

certificate of service on each document or paper, including those filed 

with the hearing clerk. If filing is accomplished by mail addressed to 

the clerk, filing shall be deemed timely if the papers are postmarked on 

the due date except as to initial filings requesting a public hearing or 

responding to a notice of intent to hold a hearing, in which case such 

filings must be received by the hearing clerk either within the time 

required by statute or by the notice of intent to hold a hearing.

    (b) Each document filed, other than papers commencing a proceeding, 

shall contain the FIFRA docket number and, if the document affects less 

than all of the registrations included under that docket number, the 

registration number or file symbol of each product which is the subject 

of the document.

    (c) In addition to copies served on all other parties, each party 

shall file an original and two copies of all papers with the hearing 

clerk.