[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: 40CFR209.33]



[Page 168-169]

 

                   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.  209.33  Decision on appeal or review.



    (a) Upon appeal from or review of the administrative law judge's 

decision, the Environmental Appeals Board shall consider such parts of 

the record as are cited or as may be necessary to resolve the issues 

presented and, in addition shall to the extent necessary or desirable 

exercise all the powers which the Environmental Appeals Board could have 

exercised if it had presided at the hearing.

    (b) The Environmental Appeals Board shall render a decision as 

expeditiously as possible. The Environmental Appeals Board shall adopt, 

modify, or set aside the findings, conclusions, and rule or order 

contained in the decision of the administrative law judge and



[[Page 169]]



shall set forth in its decision a statement of the reasons or bases for 

its action. The Environmental Appeals Board's decision shall be the 

final order in the proceeding.

    (c) In those cases where the Environmental Appeals Board determines 

that it should have further information or additional views of the 

parties as to the form and content of the rule or order to be issued, 

the Environmental Appeals Board, in its discretion, may withhold final 

action pending the receipt of such additional information or views, or 

may remand the case to the administrative law judge.



[57 FR 5345, Feb. 13, 1992]