[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.42]

[Page 145]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY 
 
 Subpart E_Decisions on Exemption Requests and Challenges to Notices of 
                              Noncompliance
 
Sec.  66.42  Procedure for hearings.

    (a) Except as provided in Sec. Sec.  66.32 and 66.33, hearings 
granted under Sec.  66.41(a)(3) shall be held as provided in Subpart J.
    (b) If hearings are granted pursuant to both Sec.  66.32 or Sec.  
66.33 and under Subpart J, a consolidated hearing in accordance with 
Subpart J shall be held. At the consolidated hearing the issues that 
would otherwise have been considered at a hearing under Sec.  66.32 or 
Sec.  66.33 shall be considered pursuant to the procedures for a hearing 
provided in those sections.
    (c) The Presiding Officer at a hearing granted under Sec.  66.41 
shall issue an initial decision within 90 days after the Administrator 
grants the hearing, unless the duration of the hearing or the deadline 
for decision is extended by the Presiding Officer upon agreement of the 
parties. Failure to issue a decision (whether or not by consent) within 
90 days shall not affect the validity of the proceedings or the accrual 
of penalties in any manner.