[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: 40CFR179.101]

[Page 326-327]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                     Subpart F_Decisions and Appeals
 
Sec. 179.101  Interlocutory appeal from ruling of presiding officer.


    (a) Except as provided in paragraph (b) of this section and in 
Sec. Sec. 179.20(b), 179.42(f), 179.75(b), and 179.90(f), rulings of 
the presiding officer may not be appealed to the Administrator before 
the Administrator's consideration of the entire record of the hearing.
    (b) A ruling of the presiding officer is subject to interlocutory 
appeal to the Administrator if the presiding officer certifies on the 
record or by document submitted under Sec. 179.80 that immediate review 
is necessary to prevent exceptional delay, expense, or prejudice to any 
party or substantial harm to the

[[Page 327]]

public interest. When an order or ruling is not certified by the 
presiding officer, it shall be reviewed by the Administrator only upon 
appeal from the initial decision except when the Administrator 
determines upon the request of a party and in exceptional circumstances, 
that delaying review would be deleterious to vital public or private 
interests. Except in extraordinary circumstances, proceedings will not 
be stayed pending an interlocutory appeal. Where a stay is granted, a 
stay of more than 30 days must be approved by the Administrator.
    (c) Ordinarily, the interlocutory appeal will be decided on the 
basis of the submission made to the presiding officer, but the 
Administrator may allow further briefs and oral arguments. Any oral 
argument will be transcribed and the transcript will be prepared and 
certified in the same manner as provided in Sec. 179.94.