[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: 40CFR209.30]



[Page 167-168]

 

                   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.  209.30  Decision of the administrative law judge.



    (a) The administrative law judge shall issue and file with the 

hearing clerk his or her decision as soon as practicable after the 

period for filing proposed findings as provided for in Sec.  209.29 has 

expired.

    (b) The administrative law judge's decision shall become the 

decision of the Environmental Appeals Board (1) when no notice of 

intention to appeal as described in Sec.  209.31 is filed, 30 days after 

its issuance, unless in the interim the Environmental Appeals Board 

shall have taken action to review or stay the effective date of the 

decision; or (2) when a notice of intention to appeal is filed but the 

appeal is not perfected as required by Sec.  209.31, 5 days after the 

period allowed for perfection of an appeal has expired unless within 

that 5 day period, the Environmental Appeals Board



[[Page 168]]



has taken action to review or stay the effective date of the decision.

    (c) The administrative law judge's decision shall include a 

statement of findings and conclusions, as well as the reasons or basis 

therefore, upon all the material issues of fact or law presented on the 

record and an appropriate rule or order. The decision shall be supported 

by a preponderance of the evidence and based upon a consideration of the 

whole record.

    (d) At any time prior to issuing his or her decision, the 

administrative law judge may reopen the proceeding for the reception of 

further evidence.



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