[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: 40CFR179.112]



[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.  179.112  Decision by Administrator on appeal or review of initial 

decision.



    (a) On appeal from or review of the initial decision, the 

Administrator shall have the same powers as did the presiding officer in 

making the initial decision. On the Administrator's own initiative or on 

motion, the Administrator may remand the matter to the presiding officer 

for any further action necessary for a proper decision.

    (b) The scope of the issues on appeal to, or on review by the 

Administrator is the same as the scope of the issues before the 

presiding officer, unless the Administrator specifies otherwise.

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

Administrator will issue a final decision on the issues of fact in the 

hearing and the objections related to those issues. A final decision 

must contain the elements required for an initial decision by Sec.  

179.105(b).

    (d) The Administrator may adopt the initial decision as the final 

decision.

    (e) The Administrator's decision, or a summary of the decision and a 

notice of its availability, will be published in the Federal Register.