40 CFR §179.20
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)If the Administrator determines under § 178.32 of this chapter that a hearing is justified on any issue, the Administrator will file with the hearing clerk and publish in the Federal Register a Notice of Hearing. The Notice of Hearing will set forth:
- (1)The docket number for the hearing.
- (2)Each order, regulation, or petition denial that is the subject of the hearing, and a statement specifying any part of any such regulation or order that has been stayed in the Administrator's discretion.
- (3)The identity of each person whose request for a hearing has been granted, and of any other person whose petition under § 180.7 of this chapter occasioned the order that the hearing concerns.
- (4)A statement of the issues of fact on which a hearing has been found to be justified.
- (5)A statement of the objections whose resolution depends on the resolution of those issues of fact.
- (6)A statement that the presiding officer will be designated by the Chief Administrative Law Judge.
- (7)The time within which notices of participation should be filed under § 179.42.
- (8)The date, time, and place of the preliminary conference, or a statement that the date, time, and place will be announced in a later notice, and the place of the hearing.
- (9)The time within which parties must submit written information and views under § 179.83.
- (10)Designations with respect to separation of functions published under § 179.24(b)(2).
- (b)The statement of the issues of fact on which a hearing has been justified determines the scope of the hearing and the matters on which evidence may be introduced. The issues may be revised by the presiding officer. A party may obtain interlocutory review by the Administrator of a decision by the presiding officer to revise the issues to include an issue on which the Administrator has not granted a request for a hearing or to eliminate an issue on which a request for a hearing has been granted.
- (c)A hearing is deemed to begin on the date of publication of the Notice of Hearing.