(a) As soon as practicable after the conclusion of the hearing a written summary of the
proceeding shall be prepared. This summary shall, at a minimum, identify:
(1) The dates of and known attendees at the hearing; and
(2) The bases upon which the respondent contested the terms of the order.
The summary must be signed by the Presiding Officer.
(b) The Presiding Officer will evaluate the entire administrative record and, on the
basis of that review and the representations of EPA and respondent at the hearing,
shall prepare and file a recommended decision with the Regional Administrator. The recommended decision must address all material issues of fact or law properly
raised by respondent, and must recommend that the order be modified, withdrawn or
issued without modification. The recommended decision must provide an explanation with citation to material contained
in the record for any decision to modify a term of the order, to issue the order without
change, or to withdraw the order. The recommended decision shall be based on the administrative record. If the Presiding Officer finds that any contested relief provision in the order
is not supported by a preponderance of the evidence in the record, the Presiding Officer
shall recommend that the order be modified and issued on terms that are supported
by the record or withdrawn.
(c) At any time within twenty-one (21) days of service of the recommended decision on
the parties, the parties may file comments on the recommended decision with the Clerk. The Clerk shall promptly transmit any such comments received to the Regional Administrator
for his consideration in reaching a final decision.
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