[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: 40CFR179.101]



[Page 290]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                     Subpart F_Decisions and Appeals

 

Sec.  179.101  Interlocutory appeal from ruling of presiding officer.





    (a) Except as provided in paragraph (b) of this section and in 

Sec. Sec.  179.20(b), 179.42(f), 179.75(b), and 179.90(f), rulings of 

the presiding officer may not be appealed to the Administrator before 

the Administrator's consideration of the entire record of the hearing.

    (b) A ruling of the presiding officer is subject to interlocutory 

appeal to the Administrator if the presiding officer certifies on the 

record or by document submitted under Sec.  179.80 that immediate review 

is necessary to prevent exceptional delay, expense, or prejudice to any 

party or substantial harm to the public interest. When an order or 

ruling is not certified by the presiding officer, it shall be reviewed 

by the Administrator only upon appeal from the initial decision except 

when the Administrator determines upon the request of a party and in 

exceptional circumstances, that delaying review would be deleterious to 

vital public or private interests. Except in extraordinary 

circumstances, proceedings will not be stayed pending an interlocutory 

appeal. Where a stay is granted, a stay of more than 30 days must be 

approved by the Administrator.

    (c) Ordinarily, the interlocutory appeal will be decided on the 

basis of the submission made to the presiding officer, but the 

Administrator may allow further briefs and oral arguments. Any oral 

argument will be transcribed and the transcript will be prepared and 

certified in the same manner as provided in Sec.  179.94.