[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: 40CFR173.7]



[Page 269]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 173_PROCEDURES GOVERNING THE RESCISSION OF STATE PRIMARY ENFORCEMENT 

RESPONSIBILITY FOR PESTICIDE USE VIOLATIONS--Table of Contents

 

Sec.  173.7  Hearing and recommended decision.



    (a) The Presiding Officer shall:

    (1) Conduct a fair and impartial hearing, without unnecessary delay;

    (2) Ensure that the facts are fully elicited; and

    (3) Consider all evidence, comment, and argument which is submitted 

by persons who will be affected by the outcome of the proceeding and 

which is not irrelevant, immaterial, unduly repetitious, or otherwise 

unreliable or of little probative value. The Presiding Officer may 

require any prospective witness to make available, in advance of the 

hearing, a brief summary of his or her testimony.

    (b) If, following the close of the hearing, the Presiding Officer 

finds that the State has corrected, or has agreed in writing to correct, 

the deficiencies specified in the notice of intent to rescind or has 

shown that such deficiencies do not exist, the Presiding Officer shall 

issue a decision recommending that the notice of intent to rescind be 

withdrawn and that the rescission proceeding be terminated.

    (c) If, following the close of the hearing, the Presiding Officer 

finds that the State has not corrected the deficiencies in its program, 

the Presiding Officer shall issue a decision recommending that the 

State's primary enforcement responsibility for pesticide use violations 

be rescinded in whole or in part.

    (d) The recommended decision of the Presiding Officer shall become 

final Agency action forty-five (45) days after its service upon the 

parties and without further proceedings unless (1) an appeal to the 

Administrator is taken from it by a party to the proceeding, or (2) the 

Administrator elects, sua sponte, to review the recommended decision.