[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: 40CFR209.27]



[Page 167]

 

                   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.  209.27  Interlocutory appeal.



    (a) An interlocutory appeal may be taken to the Environmental 

Appeals Board either (1) with the consent of the administrative law 

judge where he or she certifies on the record or in writing that the 

allowance of an interlocutory appeal is clearly necessary to prevent 

exceptional delay, expense or prejudice to any party or substantial 

detriment to the public interest, or (2) absent the consent of the 

administrative law judge, by permission of the Environmental Appeals 

Board.

    (b) Applications for interlocutory appeal of any ruling or order of 

the administrative law judge may be filed with the administrative law 

judge within 5 days of the issuance of the ruling or order being 

appealed. Answers by other parties may be filed within 5 days of the 

service of such applications.

    (c) Applications to file such appeals absent consent of the 

administrative law judge shall be filed with the Environmental Appeals 

Board within 5 days of the denial of any appeal by the administrative 

law judge.

    (d) The Environmental Appeals Board will consider the merits of the 

appeal on the application and answers. No oral argument will be heard 

nor other briefs filed unless the Environmental Appeals Board directs 

otherwise.

    (e) Except under extraordinary circumstances as determined by the 

administrative law judge, the taking of an interlocutory appeal will not 

stay the hearing.



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