[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: 40CFR209.32]



[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.  209.32  Review of the administrative law judge's decision in 

absence of appeal.



    (a) If, after the expiration of the period for taking an appeal 

under Sec.  209.31, no notice of intention to appeal the decision of the 

administrative law judge has been filed, or if filed, not perfected, the 

hearing clerk shall so notify the Environmental Appeals Board.

    (b) The Environmental Appeals Board, upon receipt of notice from the 

hearing clerk that no notice of intention to appeal has been filed, or 

if filed, not perfected pursuant to Sec.  209.31, may, on its own 

motion, within the time limits specified in Sec.  209.30(b), review the 

decision of the administrative law judge. Notice of the Environmental 

Appeals Board's intention to review the decision of the administrative 

law judge shall be given to all parties and shall set forth the scope of 

such review and the issues which shall be considered and shall make 

provision for filing of briefs.



[57 FR 5345, Feb. 13, 1992]