[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: 40CFR179.130]



[Page 292]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                        Subpart G_Judicial Review

 

Sec.  179.130  Administrative record.



    (a) For purposes of judicial review, the record of a hearing that 

culminates in a final decision of the Administrator under Sec.  

179.105(d) or Sec.  179.112(c) ruling on an objection shall consist of:

    (1) The objection ruled on (and any request for hearing that was 

included with the objection).

    (2) Any order issued under Sec.  180.7(g) of this chapter to which 

the objection related, and:

    (i) The regulation or petition denial that was the subject of that 

order.

    (ii) The petition to which such order responded.

    (iii) Any amendment or supplement of the petition.

    (iv) The data and information submitted in support of the petition.

    (v) The notice of filing of the petition.

    (3) Any order issued under Sec.  180.29(f) of this chapter to which 

the objection related, the regulation that was the subject of that 

order, and each related Notice of Proposed Rulemaking.

    (4) The comments submitted by members of the public in response to 

the Notice of Filing or Notice of Proposed Rulemaking, and the 

information submitted as part of the comments, the Administrator's 

response to comments and the documents or information relied on by the 

Administrator in issuing the regulation or order.

    (5) All other documents or information submitted to the docket for 

the rulemaking in question under parts 177 or part 180 of this chapter.

    (6) The Notice of Hearing published under Sec.  179.20.

    (7) All notices of participation filed under Sec.  179.42.

    (8) Any Federal Register notice issued under this part that pertains 

to the proceeding.

    (9) All submissions filed under Sec.  179.80.

    (10) Any document of which official notice was taken under Sec.  

179.95.

    (b) The record of the administrative proceeding is closed:

    (1) With respect to the taking of evidence, when specified by the 

presiding officer.

    (2) With respect to pleadings, at the time specified in Sec.  

179.98(a) for the filing of briefs.

    (c) The presiding officer may reopen the record to receive further 

evidence at any time before the filing of the initial decision.



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