[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: 40CFR179.107]



[Page 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.  179.107  Appeal from or review of initial decision.



    (a) A party may appeal an initial decision to the Administrator by 

filing exceptions with the hearing clerk, and serving them on the other 

parties, within the period specified in the initial decision. The period 

may not exceed 30 days, unless extended by the Administrator under 

paragraph (d) of this section.

    (b) Exceptions must specifically identify alleged errors in the 

findings of fact or conclusions of law or policy in the initial decision 

and, if errors in the findings of fact are alleged, must provide 

supporting citations to evidence of record. Oral argument before the 

Administrator may be requested in the exceptions.

    (c) Any reply to the exceptions is to be filed and served within the 

timeperiod specified in the initial decision. The timeperiod may not 

exceed 30 days after the end of the period (including any extensions) 

for filing exceptions, unless extended by the Administrator under 

paragraph (d) of this section.

    (d) The Administrator may extend the time for filing exceptions or 

replies to exceptions for good cause shown.

    (e) If the Administrator decides to hear oral argument, the parties 

will be informed of the date, time, and place; the amount of time 

allotted to each party, and the issues to be addressed.