[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: 40CFR209.7]



[Page 161]

 

                   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.  209.7  Effective date of order in complaint.



    (a) The order in the complaint is effective and binding on 

respondent 20 days after service of the complaint, unless respondent 

requests a hearing pursuant to Sec.  209.6. If the respondent does not 

request a hearing, the order is then a final order of the Agency.

    (b) Respondent may file a motion with the complainant to vacate the 

final order, reopen the proceedings and request a hearing after the 

order is effective. This motion must be filed within twenty (20) days 

after the effective date of the order. The motion shall state the 

reasons respondent failed to file a timely answer, and provide the 

information required by Sec.  209.6(b). The Administrator may, in his or 

her discretion and for good cause shown, grant the motion.