[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: 40CFR179.105]



[Page 290-291]

 

                   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.  179.105  Initial decision.



    (a) After the filing of briefs and any oral argument, the presiding 

officer shall prepare and file an initial decision on the issues of fact 

in the hearing and the objections relating to those issues.

    (b) The initial decision must be based on a fair evaluation of the 

entire record, and must contain:

    (1)(i) A conclusion that no change is warranted in the order or 

regulation to which objection was taken; or

    (ii) A conclusion that changes in the order or regulation are 

warranted, the language of the order or regulation as changed, and an 

effective date for the order or regulation as changed.

    (2) Findings of fact supported by reliable, probative and 

substantial evidence that has been found admissible by the presiding 

officer, and adequate citations to the record supporting those findings.

    (3) Conclusions on legal and policy issues, if such conclusions are 

necessary to resolve the objections.

    (4) A discussion of the reasons for the findings and conclusions, 

including a discussion of the significant contentions made by any party.

    (c) Except as otherwise provided by order of the Administrator filed 

in accordance with Sec.  179.80, after the initial decision is filed, 

the presiding officer has no further jurisdiction over the matter and 

any motions or requests filed with the hearing clerk will be decided by 

the Administrator.



[[Page 291]]



    (d) The initial decision becomes the final decision of the 

Administrator by operation of law unless a party files exceptions with 

the hearing clerk under Sec.  179.107 or the Administrator files a 

notice of review under Sec.  179.110.



[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33360, June 8, 2005]