[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: 40CFR209.31]



[Page 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.  209.31  Appeal from the decision of the administrative law judge.



    (a) Any party to a proceeding may appeal the administrative law 

judge's decision to the Environmental Appeals Board: Provided, That 

within 10 days after the administrative law judge's decision is issued, 

the party files a notice of intention to appeal, and within 30 days of 

the decision the party files an appeal brief.

    (b) When an appeal is taken from the decision of the administrative 

law judge, any party may file a brief with respect to such appeal. The 

brief shall be filed within 20 days of the date of the filing of the 

appellant's brief.

    (c) Any brief filed under this section shall contain, in the order 

indicated:

    (1) A subject index of the matter in the brief, with page 

references, and a table of cases (alphabetically arranged), textbooks, 

statutes, and other material cited, with page references thereto;

    (2) A specification of the issues which will be argued;

    (3) The argument presenting clearly the points of fact and law 

relied upon in support of the position taken on each issue, with 

specific page references to the record and the legal or other material 

relied upon; and

    (4) A proposed form of rule or order for the Environmental Appeals 

Board's consideration if different from the rule or order contained in 

the administrative law judge's decision.

    (d) Briefs shall not exceed 40 pages without leave of the 

Environmental Appeals Board.

    (e) The Environmental Appeals Board may allow oral argument in its 

discretion.



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