40 CFR § 78.18 - Proposed decision.

---
identifier: "/us/cfr/t40/s78.18"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 78.18 - Proposed decision."
title_number: 40
title_name: "Protection of Environment"
section_number: "78.18"
section_name: "Proposed decision."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "78"
part_name: "APPEAL PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401-7671q."
regulatory_source: "58 FR 3760, Jan. 11, 1993, unless otherwise noted."
cfr_part: "78"
---


# 78.18 Proposed decision.

(a) The Presiding Officer will review and evaluate the record, including the proposed findings and conclusions and any briefs filed by the parties, and issue a proposed decision on the factual, policy, and legal issues referred by the Environmental Appeals Board for decision under § 78.6(b)(2)(ii), accompanied by findings of fact and proposed conclusions of law, as appropriate, within a reasonable time after the evidentiary hearing is completed. The Hearing Clerk will promptly serve copies of the proposed decision on all parties and on the Environmental Appeals Board.

(b) The proposed decision of the Presiding Officer shall become the final agency action under section 307 of the Act unless:

(1) A party files objections with the Environmental Appeals Board pursuant to § 78.20(a), or

(2) The Environmental Appeals Board *sua sponte* files a notice that it will review the decision under § 78.20(b).

[58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23181, Apr. 30, 2021]