§ 60.5481 What hearing and appeal procedures apply to me?

(a)

(1) The affected manufacturer, laboratory or third-party certifier may request a hearing under this section within 30 days following receipt of the required notification in any case where the Administrator—

(i) Denies an application for a certificate of compliance under § 60.5475 (a)(2);

(ii) Denies an application for a renewal of certification under § 60.5475(i);

(iii) Issues a notice of revocation of certification under § 60.5475(l);

(iv) Denies an application for laboratory approval under § 60.5477(a);

(v) Issues a notice of revocation of laboratory approval under § 60.5477(b).

(vi) Denies an application for third-party certifier approval under § 60.5477(d); or

(vii) Issues a notice of revocation of third-party certifier approval under § 60.5477(e).

(2) In any case where the Administrator issues a notice of revocation under § 60.5475(n)(3)(ii), the manufacturer may request a hearing under this section with the time limits set out in § 60.5475(n)(3)(ii).

(b) Any hearing request must be in writing, must be signed by an authorized representative of the petitioning manufacturer or laboratory, and must include a statement setting forth with particularity the petitioner's objection to the Administrator's determination or proposed determination.

(c)

(1) Upon receipt of a request for a hearing under paragraph (a) of this section, the Administrator will request the Chief Administrative Law Judge to designate an Administrative Law Judge as Presiding Officer for the hearing. If the Chief Administrative Law Judge replies that no Administrative Law Judge is available to perform this function, the Administrator will designate a Presiding Officer who has not had any prior responsibility for the matter under review, and who is not subject to the direct control or supervision of someone who has had such responsibility.