30 USC 1264 - Decisions of regulatory authority and appeals

U.S Code last checked for updates: Nov 22, 2024

§ 1264.

Decisions of regulatory authority and appeals

(a)

Issuance of findings within 60 days after informal conference

(b)

Decision without informal conference; notification within a reasonable time

(c)

Request for rehearing on reasons for final determination; time; issuance of decision

(d)

Temporary relief

Where a hearing is requested pursuant to subsection (c), the Secretary, where the Secretary is the regulatory authority, or the State hearing authority may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if—

(1)

all parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;

(2)

the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and

(3)

such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.

(e)

Power of regulatory authority with respect to rehearing

(f)

Right to appeal in accordance with section 1276 of this title

(Pub. L. 95–87, title V, § 514, Aug. 3, 1977, 91 Stat. 485.)

cite as: 30 USC 1264