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Notes

40 C.F.R. §§ 1068.610–1068.630

5 sections in range

§1068.610. Request for hearing—suspending, revoking, or voiding a certificate of conformity.

40 C.F.R. § 1068.610

(a)
You may request an informal hearing as described in § 1068.650 if you disagree with our decision to suspend, revoke, or void a certificate of conformity.
(b)
If you request a hearing regarding the outcome of a testing regimen with established evaluation criteria, such as selective enforcement audits or routine production-line testing, we will hold a hearing limited to the following issues that are relevant to your circumstances:
(1)
Whether tests were conducted in accordance with applicable regulations.
(2)
Whether test equipment was properly calibrated and functioning.
(3)
Whether specified sampling procedures were followed to select engines/equipment for testing.
(4)
Whether there is a basis for determining that the problems identified do not apply for engines/equipment produced at plants other than the one from which engines/equipment were selected for testing.
(c)
You must send your hearing request in writing to the Designated Compliance Officer no later than 30 days after we notify you of our decision to suspend, revoke, or void your certificate, or by some later deadline we specify. If the deadline passes, we may nevertheless grant you a hearing at our discretion.
(d)
Your hearing request must include the following information:
(1)
Identify the classes or categories of engines/equipment that will be the subject of the hearing.
(2)
State briefly which issues you will raise at the hearing for each affected class or category of engines/equipment.
(3)
Specify why you believe the hearing will conclude in your favor for each of the issues you will raise.
(4)
Summarize the evidence supporting your position on each of the issues you will raise and include any supporting data.
(e)
We will approve your request for an informal hearing if we find that your request raises a substantial factual issue in the decision we made that, if addressed differently, could alter the outcome of that decision.
Notes, amendments, and revision history

Source

Source: 81 FR 74233, Oct. 25, 2016, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

§1068.615. Request for hearing—denied application for certification, automatically suspended certificate, and determinations related to certification.

40 C.F.R. § 1068.615

(a)
You may request an informal hearing as described in § 1068.650 if we deny your application for a certificate of conformity, if your certificate of conformity is automatically suspended under the regulations, or if you disagree with determinations we make as part of the certification process. For example, you might disagree with our determinations regarding adjustable parameters under § 1068.50 or regarding your good engineering judgment under § 1068.5.
(b)
You must send your hearing request in writing to the Designated Compliance Officer no later than 30 days after we notify you of our decision, or by some later deadline we specify. If the specified deadline passes, we may nevertheless grant you a hearing at our discretion.
(c)
Your hearing request must include the information specified in § 1068.610(d).
(d)
We will approve your request for an informal hearing if we find that your request raises a substantial factual issue in the decision we made that, if addressed differently, could alter the outcome of that decision.
Notes, amendments, and revision history

Source

Source: 81 FR 74233, Oct. 25, 2016, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

§1068.620. Request for hearing—recall.

40 C.F.R. § 1068.620

(a)
You may request an informal hearing as described in § 1068.650 if you disagree with our decision to order a recall.
(b)
You must send your hearing request in writing to the Designated Compliance Officer no later than 45 days after we notify you of our decision, or by some later deadline we specify. If the specified deadline passes, we may nevertheless grant you a hearing at our discretion.
(c)
Your hearing request must include the information specified in § 1068.610(d).
(d)
We will approve your request for an informal hearing if we find that your request raises a substantial factual issue in the decision we made that, if addressed differently, could alter the outcome of that decision.
Notes, amendments, and revision history

Source

Source: 81 FR 74233, Oct. 25, 2016, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

§1068.625. Request for hearing—nonconformance penalties.

40 C.F.R. § 1068.625

(a)
You may request an informal hearing as described in § 1068.650 if you disagree with our determination of compliance level or penalty calculation or both. The hearing will address only whether the compliance level or penalty was determined in accordance with the regulations.
(b)
Send a request for a hearing in writing to the Designated Compliance Officer within the following time frame, as applicable:
(1)
No later than 15 days after we notify you that we have approved a nonconformance penalty under this subpart if the compliance level is in the allowable range of nonconformity.
(2)
No later than 15 days after completion of the Production Compliance Audit if the compliance level exceeds the upper limit.
(3)
No later than 15 days after we notify you of an adverse decision for all other cases.
(c)
If you miss the specified deadline in paragraph (b) of this section, we may nevertheless grant you a hearing at our discretion.
(d)
Your hearing request must include the information specified in § 1068.610(d).
(e)
We will approve your request for an informal hearing if we find that your request raises a substantial factual issue in the decision we made that, if addressed differently, could alter the outcome of that decision.
Notes, amendments, and revision history

Source

Source: 81 FR 74233, Oct. 25, 2016, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

§1068.630. Request for hearing—allowable maintenance.

40 C.F.R. § 1068.630

(a)
Any manufacturer may request an informal hearing as described in § 1068.650 in response to our decision to identify allowable maintenance associated with new technology as part of the certification process.
(b)
You must send your hearing request in writing to the Designated Compliance Officer no later than 30 days after we publish our decision in the Federal Register. If the deadline passes, we may nevertheless grant you a hearing at our discretion.
(c)
Your hearing request must include the information specified in § 1068.610(d).
(d)
We will approve your request for an informal hearing if we find that your request raises a substantial factual issue in the decision we made that, if addressed differently, could alter the outcome of that decision.
Notes, amendments, and revision history

Amendments

[88 FR 4718, Jan. 24, 2023]

Source

Source: 81 FR 74233, Oct. 25, 2016, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

Amendments

[88 FR 4718, Jan. 24, 2023]