Skip to main content
 
CFR

40 CFR 179.105 - Initial decision.

There is 1 rule appearing in the Federal Register for 40 CFR 179. Select the tab below to view, or View eCFR (GPOAccess)
§ 179.105
Initial decision.
(a) After the filing of briefs and any oral argument, the presiding officer shall prepare and file an initial decision on the issues of fact in the hearing and the objections relating to those issues.
(b) The initial decision must be based on a fair evaluation of the entire record, and must contain:
(1) (i) A conclusion that no change is warranted in the order or regulation to which objection was taken; or
(ii) A conclusion that changes in the order or regulation are warranted, the language of the order or regulation as changed, and an effective date for the order or regulation as changed.
(2) Findings of fact supported by reliable, probative and substantial evidence that has been found admissible by the presiding officer, and adequate citations to the record supporting those findings.
(3) Conclusions on legal and policy issues, if such conclusions are necessary to resolve the objections.
(4) A discussion of the reasons for the findings and conclusions, including a discussion of the significant contentions made by any party.
(c) Except as otherwise provided by order of the Administrator filed in accordance with § 179.80, after the initial decision is filed, the presiding officer has no further jurisdiction over the matter and any motions or requests filed with the hearing clerk will be decided by the Administrator.
(d) The initial decision becomes the final decision of the Administrator by operation of law unless a party files exceptions with the hearing clerk under § 179.107 or the Administrator files a notice of review under § 179.110.
[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33360, June 8, 2005]

Title 40 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-08-03; vol. 77 # 150 - Friday, August 3, 2012
    1. 77 FR 46289 - Technical Corrections to Organizational Names, Addresses, and OMB Control Numbers
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This rule is effective August 3, 2012.
      40 CFR Parts 1, 9, 150, 164, 178, 179, 700, 712, 716, 720, 723, 725, 761, 763, 766, 795, 796, and 799

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 21 - FOOD AND DRUGS

§ 346a - Tolerances and exemptions for pesticide chemical residues

§ 371 - Regulations and hearings

Presidential Documents

Reorganization ... 1970 Plan No. 3

Title 40 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 179 after this date.

  • 2012-08-03; vol. 77 # 150 - Friday, August 3, 2012
    1. 77 FR 46289 - Technical Corrections to Organizational Names, Addresses, and OMB Control Numbers
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This rule is effective August 3, 2012.
      40 CFR Parts 1, 9, 150, 164, 178, 179, 700, 712, 716, 720, 723, 725, 761, 763, 766, 795, 796, and 799