[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR24.12]

[Page 286-287]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 24_RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM STATUS CORRECTIVE ACTION ORDERS--Table of Contents
 
    Subpart B_Hearings on Orders Requiring Investigations or Studies
 
Sec. 24.12  Summary of hearing; Presiding Officer's recommendation.

    (a) As soon as practicable after the conclusion of the hearing a 
written summary of the proceeding shall be prepared. This summary shall, 
at a minimum, identify:
    (1) The dates of and known attendees at the hearing; and
    (2) The bases upon which the respondent contested the terms of the 
order.

The summary must be signed by the Presiding Officer.
    (b) The Presiding Officer will evaluate the entire administrative 
record and, on the basis of that review and the representations of EPA 
and respondent at the hearing, shall prepare and file a recommended 
decision with the Regional Administrator. The recommended decision must 
address all material issues of fact or law properly raised by 
respondent, and must recommend that the order be modified, withdrawn or 
issued without modification. The recommended decision must

[[Page 287]]

provide an explanation with citation to material contained in the record 
for any decision to modify a term of the order, to issue the order 
without change, or to withdraw the order. The recommended decision shall 
be based on the administrative record. If the Presiding Officer finds 
that any contested relief provision in the order is not supported by a 
preponderance of the evidence in the record, the Presiding Officer shall 
recommend that the order be modified and issued on terms that are 
supported by the record or withdrawn.
    (c) At any time within twenty-one (21) days of service of the 
recommended decision on the parties, the parties may file comments on 
the recommended decision with the Clerk. The Clerk shall promptly 
transmit any such comments received to the Regional Administrator for 
his consideration in reaching a final decision.