Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 66  /  Sec. 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 Sec. 66.42, two copies of the notice of noncompliance under Sec. 66.11 (or the revocation notice under Sec. 66.34) and of the petition of the owner or operator under Sec. 66.13, together with supporting documents; and

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