[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.110]

[Page 185-186]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, 
 
 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 
 
Sec. 164.110  Motion for reopening hearings; for rehearing; for reargument of 

any proceeding; or for reconsideration of order.

    (a) Filing; service. A motion for reopening the hearing to take 
further evidence, or for rehearing or reargument of any proceeding or 
for reconsideration of the order, must be made by motion to the 
Environmental Appeals Board filed with the hearing clerk. Every such 
motion must state specifically the grounds relied upon.
    (b) Motion to reopen hearings. A motion to reopen a hearing to take 
further evidence may be filed at any time prior to the issuance of the 
Administrator's final order. Every such motion shall state briefly the 
nature and purpose of the evidence to be adduced, shall show that such 
evidence is not merely cumulative, and shall set forth good reason why 
such evidence was not adduced at a hearing.
    (c) Motions to rehear or reargue proceedings, or to reconsider final 
orders. A motion to rehear or reargue the proceeding or to reconsider 
the final order shall be filed within 10 days after the date of service 
of the final order. Every such motion must state specifically the 
matters claimed to have been erroneously decided, and alleged errors 
must be briefly stated. Motions to rehear or reargue proceedings or to 
reconsider final orders shall be directed to, and heard by, the 
Environmental Appeals Board. Motions under this section directed to the 
Administrator will not be considered, except in cases that the 
Environmental Appeals Board has

[[Page 186]]

referred to the Administrator pursuant to Sec. 164.2(g) and in which 
the Administrator has issued the final order. A motion for 
reconsideration shall not stay the effective date of the final order 
unless specifically so ordered by the Environmental Appeals Board.

[38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992]