---
kind: "section"
citation: "40 C.F.R. § 179.20"
title: "40"
number: "179.20"
heading: "Notice of hearing."
url: "https://uscodex.org/cfr/40/179.20"
---

# §179.20. Notice of hearing.

- (a) If the Administrator determines under [§ 178.32](/cfr/40/178.32.md) 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](/cfr/40/180.7.md) 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](/cfr/40/179.42.md).
  - (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](/cfr/40/179.83.md).
  - (10) Designations with respect to separation of functions published under [§ 179.24(b)(2)](/cfr/40/179.24.md?p=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.**

## Notes

### Amendments

[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]

### Authority

Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.

### Source

Source: 55 FR 50293, Dec. 5, 1990, unless otherwise noted.

### Amendments

[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]