---
kind: "section"
citation: "40 C.F.R. § 78.18"
title: "40"
number: "78.18"
heading: "Proposed decision."
url: "https://uscodex.org/cfr/40/78.18"
---

# §78.18. Proposed decision.

- (a) The Presiding Officer will review and evaluate the record, including the proposed findings and conclusions and any briefs filed by the parties, and issue a proposed decision on the factual, policy, and legal issues referred by the Environmental Appeals Board for decision under [§ 78.6(b)(2)(ii)](/cfr/40/78.6.md?p=b-2-ii), accompanied by findings of fact and proposed conclusions of law, as appropriate, within a reasonable time after the evidentiary hearing is completed. The Hearing Clerk will promptly serve copies of the proposed decision on all parties and on the Environmental Appeals Board.
- (b) The proposed decision of the Presiding Officer shall become the final agency action under section 307 of the Act unless:
  - (1) A party files objections with the Environmental Appeals Board pursuant to [§ 78.20(a)](/cfr/40/78.20.md?p=a), or
  - (2) The Environmental Appeals Board sua sponte files a notice that it will review the decision under [§ 78.20(b)](/cfr/40/78.20.md?p=b).

## Notes

### Amendments

[58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23181, Apr. 30, 2021]

### Authority

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

### Source

Source: 58 FR 3760, Jan. 11, 1993, unless otherwise noted.

### Amendments

[58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23181, Apr. 30, 2021]