[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: 40CFR179.20]



[Page 282]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                     Subpart B_Initiation of Hearing

 

Sec.  179.20  Notice of hearing.





    (a) If the Administrator determines under Sec.  178.32 of this 

chapter that a hearing is justified on any issue, the Administrator will 

file with the hearing clerk and publish in the Federal Register a Notice 

of Hearing. The Notice of Hearing will set forth:

    (1) The docket number for the hearing.

    (2) Each order, regulation, or petition denial that is the subject 

of the hearing, and a statement specifying any part of any such 

regulation or order that has been stayed in the Administrator's 

discretion.

    (3) The identity of each person whose request for a hearing has been 

granted, and of any other person whose petition under Sec.  180.7 of 

this chapter occasioned the order that the hearing concerns.

    (4) A statement of the issues of fact on which a hearing has been 

found to be justified.

    (5) A statement of the objections whose resolution depends on the 

resolution of those issues of fact.

    (6) A statement that the presiding officer will be designated by the 

Chief Administrative Law Judge.

    (7) The time within which notices of participation should be filed 

under Sec.  179.42.

    (8) The date, time, and place of the preliminary conference, or a 

statement that the date, time, and place will be announced in a later 

notice, and the place of the hearing.

    (9) The time within which parties must submit written information 

and views under Sec.  179.83.

    (10) Designations with respect to separation of functions published 

under Sec.  179.24(b)(2).

    (b) The statement of the issues of fact on which a hearing has been 

justified determines the scope of the hearing and the matters on which 

evidence may be introduced. The issues may be revised by the presiding 

officer. A party may obtain interlocutory review by the Administrator of 

a decision by the presiding officer to revise the issues to include an 

issue on which the Administrator has not granted a request for a hearing 

or to eliminate an issue on which a request for a hearing has been 

granted.

    (c) A hearing is deemed to begin on the date of publication of the 

Notice of Hearing.



[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]