[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR209.24]



[Page 166]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.24  Default order.



    (a) Default. Respondent may be found to be in default upon failure 

to comply with a prehearing or hearing ruling of the Administrator or 

the administrative law judge. A respondent's default shall constitute an 

admission of all facts alleged in the complaint and a waiver of 

respondent's right to a hearing on such factual allegations. The 

remedial order proposed is binding on respondent without further 

proceedings upon the issuance by the Environmental Appeals Board of a 

final order issued upon default.

    (b) Proposed default order. Where the administrative law judge finds 

a default has occurred after a request for a hearing has been filed, the 

administrative law judge may render a proposed default order to be 

issued against the defaulting party. For the purpose of appeal pursuant 

to Sec.  209.31 this order shall be deemed to be the initial decision of 

the administrative law judge.

    (c) Contents of a final order issued upon default. A final order 

issued upon default shall include findings of fact, conclusions 

regarding all material issues of law, fact, or discretion, and the 

remedial order which is issued. An order issued by the Environmental 

Appeals Board upon default of respondent shall constitute a final order 

in accordance with the terms of Sec.  209.33.



[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5345, Feb. 13, 1992]