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Electronic Code of Federal Regulations

e-CFR data is current as of December 3, 2019

Title 40Chapter ISubchapter CPart 66Subpart J → §66.92


Title 40: Protection of Environment
PART 66—ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA
Subpart J—Supplemental Rules for Formal Adjudicatory Hearings


§66.92   Commencement of hearings.

(a) The provisions of 40 CFR 22.08 (Consolidated Rules of Practice) shall become applicable when the Administrator grants a hearing.

(b) Upon granting a hearing the Administrator shall immediately transmit to the appropriate Regional Hearing Clerk two copies of the notice granting the hearing and:

(1) In the case of a hearing pursuant to §66.42, two copies of the notice of noncompliance under §66.11 (or the revocation notice under §66.34) and of the petition of the owner or operator under §66.13, together with supporting documents; and

(2) In the case of a hearing pursuant to §66.53 or §66.73, two copies of the penalty calculation of the source owner or operator provided pursuant to §66.13(a) or §66.72, and of any Agency recalculation pursuant to §66.51(a)(2) or §66.72(b)(2), and of the petition of the source owner or operator for reconsideration pursuant to §66.52 or §66.73, together with supporting documents.

(3) The Regional Hearing Clerk shall open and maintain the official file of the proceeding upon receipt of the documents referred to in paragraphs (b)(1) and (2) of this section.

(c) Upon granting a hearing the Administrator shall request the Chief Administrative Law Judge to designate an Administrative Law Judge to serve as the Presiding Officer. The Chief Administrative Law Judge shall make this designation within seven days of receiving the request, and shall notify the Regional Hearing Clerk of his action. The Regional Hearing Clerk shall forward to the Presiding Officer one set of the documents described in paragraph (b).

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