[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: 40CFR179.3]



[Page 281-282]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  179.3  Definitions.









                      Subpart A_General Provisions



Sec.

179.3 Definitions.

179.5 Other authority.



                     Subpart B_Initiation of Hearing



179.20 Notice of hearing.

179.24 Ex parte discussions; separation of functions.



             Subpart C_Participation and Appearance; Conduct



179.42 Notice of participation.

179.45 Appearance.

179.50 Conduct at oral hearings or conferences.



                       Subpart D_Presiding Officer



179.60 Designation and qualifications of presiding officer.

179.70 Authority of presiding officer.

179.75 Disqualification of deciding officials.

179.78 Unavailability of presiding officer.



                      Subpart E_Hearing Procedures



179.80 Filing and service.

179.81 Availability of documents.

179.83 Disclosure of data and information.

179.85 Purpose of preliminary conference.

179.86 Time and place of preliminary conference.

179.87 Procedures for preliminary conference.

179.89 Motions.

179.90 Summary decisions.

179.91 Burden of going forward; burden of persuasion.

179.93 Testimony.

179.94 Transcripts.

179.95 Admission or exclusion of evidence; objections; offers of proof.

179.97 Conferences during hearing.

179.98 Briefs and arguments.



                     Subpart F_Decisions and Appeals



179.101 Interlocutory appeal from ruling of presiding officer.

179.105 Initial decision.

179.107 Appeal from or review of initial decision.

179.110 Determination by Administrator to review initial decision.

179.112 Decision by Administrator on appeal or review of initial 

          decision.

179.115 Motion to reconsider a final order.

179.117 Designation and powers of judicial officer.



                        Subpart G_Judicial Review



179.125 Judicial review.

179.130 Administrative record.



    Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.



    Source: 55 FR 50293, Dec. 5, 1990, unless otherwise noted.







    Administrator means the Administrator of the Agency, or any officer 

or employee of the Agency to whom the Administrator has delegated the 

authority to perform functions under this part.

    Agency means the United States Environmental Protection Agency.

    Assistant Administrator means the Agency's Assistant Administrator 

for Prevention, Pesticides and Toxic Substances, or any officer or 

employee of OPPTS to whom the Assistant Administrator has delegated the 

authority to perform functions under this part.

    FFDCA means the Federal Food, Drug, and Cosmetic Act, as amended, 21 

U.S.C. 301-392.

    FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, 

7 U.S.C. 136-136y.

    Judicial Officer means a person who has been designated by the 

Administrator under Sec.  179.117 to serve as a judicial officer.



[[Page 282]]



    Office of the Administrator means the Agency's Administrator and 

Deputy Administrator and their immediate staff, including the judicial 

officer.

    OPPTS means the Agency's Office of Prevention, Pesticides and Toxic 

Substances.



[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992]