[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR305.36]

[Page 359-360]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 305_COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS 
AGAINST THE SUPERFUND--Table of Contents
 
                       Subpart D_Hearing Procedure
 
Sec.  305.36  Final order; costs.

    (a) Filing and content. The Presiding Officer shall issue and file 
with the

[[Page 360]]

Hearing Clerk a final order as soon as practicable after the period for 
filing reply briefs under Sec.  305.35 has expired, but within the time 
allowed for issuance of a final order as prescribed by Sec.  305.4(d). 
The final order shall contain his findings of fact, conclusions of law, 
as well as the reasons therefor, and an order for an award for a sum 
certain, or an explanation of why no award is granted.
    (b) Costs. If the Presiding Officer concludes in writing that the 
Request for a Hearing was frivolous, he may direct the Hearing Clerk to 
assess all or part of the costs of the proceeding against the Requestor. 
In such case, the Hearing Clerk shall assess such costs as directed by 
the Presiding Officer, and shall serve notice of such direction and the 
amount of such costs on all parties. No later than 5 days after receipt 
of notice of assessment of costs, the Requestor may move that the 
Presiding Officer review the assessment of costs by the Hearing Clerk. 
The Presiding Officer may uphold, reverse, or modify the action of the 
Hearing Clerk in assessing costs.