[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: 40CFR209.35]



[Page 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.  209.35  Conclusion of hearing.



    (a) If no appeal has been taken from the administrative law judge's 

decision before the period for taking an appeal under Sec.  209.31 has 

expired, and the period for review by the Environmental Appeals Board on 

its own motion under Sec.  209.30 has expired, and the Environmental 

Appeals Board does not move to review such decision, the hearing will be 

deemed to have ended at the expiration of all periods allowed for such 

appeal and review.

    (b) If an appeal of the administrative law judge's decision is taken 

under Sec.  209.31, or if, in the absence of such appeal, the 

Environmental Appeals Board moves to review the decision of the 

administrative law judge under Sec.  209.32, the hearing will be deemed 

to have ended upon the rendering of a final decision by the 

Environmental Appeals Board.



[57 FR 5346, Feb. 13, 1992]