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40 C.F.R. §§ 222.7–222.9

3 sections in range

§222.7. Conduct of public hearing.

40 C.F.R. § 222.7

The Presiding Officer shall be responsible for the expeditious conduct of the hearing. The hearing shall be an informal public hearing, not an adversary proceeding, and shall be conducted so as to allow the presentation of public comments. When the Presiding Officer determines that it is necessary or appropriate, he shall cause a suitable record, which may include a verbatim transcript, of the proceedings to be made. Any person may appear at a public hearing convened pursuant to § 222.5 whether or not he requested the hearing, and may be represented by counsel or any other authorized representative. The Presiding Officer is authorized to set forth reasonable restrictions on the nature or amount of documentary material or testimony presented at a public hearing, giving due regard to the relevancy of any such information, and to the avoidance of undue repetitiveness of information presented.
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 1412 and 1418.

Source

Source: 42 FR 2471, Jan. 11, 1977, unless otherwise noted.

§222.8. Recommendations of Presiding Officer.

40 C.F.R. § 222.8

Within 30 days following the adjournment of a public hearing convened pursuant to § 222.5, or within such additional period as the Administrator or the Regional Administrator, as the case may be, may grant to the Presiding Officer for good cause shown, and after full consideration of the comments received at the hearing, the Presiding Officer will prepare and forward to the Administrator or to the Regional Administrator, as the case may be, written recommendations relating to the issuance or denial of, or conditions to be imposed upon, the proposed permit and the record of the hearing, if any. Such recommendations shall contain a brief statement of the basis for the recommendations including a description of evidence relied upon. Copies of the Presiding Officer's recommendations shall be provided to any interested person on request, without charge. Copies of the record will be provided in accordance with 40 CFR Part 2.
Notes, amendments, and revision history

Amendments

[42 FR 2471, Jan. 11, 1977; 42 FR 6583, Feb. 3, 1977]

Authority

Authority: 33 U.S.C. 1412 and 1418.

Source

Source: 42 FR 2471, Jan. 11, 1977, unless otherwise noted.

Amendments

[42 FR 2471, Jan. 11, 1977; 42 FR 6583, Feb. 3, 1977]

§222.9. Issuance of permits.

40 C.F.R. § 222.9

(a)
Within 30 days following receipt of the Presiding Officer's recommendations or, where no hearing has been held, following the close of the 30-day period for requesting a hearing as provided in § 222.4, the Administrator or the Regional Administrator, as the case may be, shall make a determination with respect to the issuance, denial, or imposition of conditions on, any permit applied for under this Subchapter H and shall give notice to the applicant and to all persons who registered their attendance at the hearing by providing their name and mailing address, if any, by mailing a letter stating the determination and stating the basis therefor in terms of the Criteria.
(b)
Any determination to issue or deny any permit after a hearing held pursuant to § 222.7 shall take effect no sooner than:
(1)
10 days after notice of such determination is given if no request for an adjudicatory hearing is filed in accordance with § 222.10(a); or
(2)
20 days after notice of such determination is given if a request for an adjudicatory hearing is filed in accordance with paragraph (a) of § 222.10 and the Administrator or the Regional Administrator, as the case may be, denies such request in accordance with paragraph (c) of § 222.10; or
(3)
The date on which a final determination has been made following an adjudicatory hearing held pursuant to § 222.11.
(c)
The Administrator or Regional Administrator, as the case may be, may extend the term of a previously issued permit pending the conclusion of the proceedings held pursuant to §§ 222.7 through 222.9.
(d)
A copy of each permit issued shall be sent to the appropriate District Office of the U.S. Coast Guard.
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 1412 and 1418.

Source

Source: 42 FR 2471, Jan. 11, 1977, unless otherwise noted.