Title 40, Part 22 — Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/termination or Suspension of Permits

Scope of this part.

Use of number and gender.

Definitions.

Powers and duties of the Environmental Appeals Board, Regional Judicial Officer and Presiding Officer; disqualification, withdrawal, and reassignment.

Filing, service by the parties, and form of all filed documents; business confidentiality claims.

Filing and service of rulings, orders and decisions.

Computation and extension of time.

discussion of proceeding.

Examination of documents filed.

Appearances.

Intervention and non-party briefs.

Consolidation and severance.

Commencement of a proceeding.

Complaint.

Answer to the complaint.

Motions.

Default.

Quick resolution; settlement; alternative dispute resolution.

Prehearing information exchange; prehearing conference; other discovery.

Accelerated decision; decision to dismiss.

Assignment of Presiding Officer; scheduling the hearing.

Evidence.

Objections and offers of proof.

Burden of presentation; burden of persuasion; preponderance of the evidence standard.

Filing the transcript.

Proposed findings, conclusions, and order.

Initial Decision.

Motion to reopen a hearing or to set aside a default order.

Appeal from or review of interlocutory orders or rulings.

Appeal from or review of initial decision.

Final order.

Motion to reconsider a final order.

[Reserved]

Supplemental rules governing the administrative assessment of civil penalties under the Clean Air Act.

Supplemental rules governing the administrative assessment of civil penalties under the Federal Insecticide, Fungicide, and Rodenticide Act.

[Reserved]

Supplemental rules governing administrative proceedings under the Solid Waste Disposal Act.

Supplemental rules of practice governing the administrative assessment of civil penalties under the Clean Water Act.

Supplemental rules governing the administrative assessment of civil penalties under section 109 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

[Reserved]

Supplemental rules governing the administrative assessment of civil penalties under Title II of the Toxic Substance Control Act, enacted as section 2 of the Asbestos Hazard Emergency Response Act (AHERA).

Supplemental rules governing the administrative assessment of civil penalties for violations of compliance orders issued to owners or operators of public water systems under part B of the Safe Drinking Water Act.

Supplemental rules governing the administrative assessment of civil penalties against a federal agency under the Safe Drinking Water Act.

Supplemental rules of practice governing the termination of permits under section 402(a) of the Clean Water Act or under section 3008(a)(3) of the Resource Conservation and Recovery Act.

Supplemental rules governing public notice and comment in proceedings under sections 309(g) and 311(b)(6)(B)(ii) of the Clean Water Act and section 1423(c) of the Safe Drinking Water Act.

§§ 22.46-22.49 [Reserved]

Scope of this subpart.

Presiding Officer.

Information exchange and discovery.