NR 440.642(10)(g)1.1. Hearings shall be conducted by the presiding officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the presiding officer of irrelevant, immaterial and repetitious evidence.

NR 440.642(10)(g)2.2. Witnesses will not be required to testify under oath. However, the presiding officer shall call to the attention of witnesses that their statements may be subject to penalties under 18 USC 1001 for knowingly making false statements or representations or using false documents in any matter within the jurisdiction of any department or agency of the United States.

NR 440.642(10)(g)5.5. All written statements, charts, tabulations, and similar data offered in evidence at the hearings shall, upon a showing satisfactory to the presiding officer of their authenticity, relevancy, and materiality, be received in evidence and shall constitute a part of the record.

NR 440.642(10)(h)1.1. The presiding officer shall make an initial decision which shall include a written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the record. The findings, conclusions, and written decision shall be provided to the parties and made a part of the record. The initial decision shall become the decision of the administrator without further proceedings unless there is an appeal to the administrator or motion for review by the administrator. Except as provided in subd. 3., any such appeal shall be taken within 20 days of the date the initial decision was filed.

NR 440.642(10)(h)2.2. On appeal from or review of the initial decision the administrator shall have all the powers which he or she would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the presiding officer for additional proceedings. The decision by the administrator shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the appeal or considered in the review.

NR 440.642(10)(h)3.3. In any hearing requested under par. (a) 2., the presiding officer shall render his initial decision within 60 days of that request. Any appeal to the administrator shall be taken within 10 days of the initial decision, and the administrator shall render his decision in that appeal within 30 days of the filing of the appeal.

NR 440.642 HistoryHistory: Cr. Register, September, 1990, No. 417, eff. 10-1-90; am. (3) (b) 1. a., (4) (h) 3. c. and (7) (i) 4. b., Register, July, 1993, No. 451, eff. 8-1-93; am. (4) (o) 3. a., (5) (c), Register, December, 1995, No. 480, eff. 1-1-96; corrections in (1) (c) and (4) (L) made under s. 13.93 (2m) (b) 1., Register, November, 1999, No. 527; CR 06-109: r. (1) (c) and (d), (3) (a), (4) (h) and (j) 1. a. and b. and (p) 4. b. 2), (6) (c), am. (2) (m) 2., 3. and 4., (3) (b) 1. (intro.), b. and 2., (4) (e) 1. (intro.) and b., (k) 1. and 2. (intro.) and (L) 1. b., (6) (b) 9., (7) (a) 3. b. and d., (f) 3. and (j) 2. e., r. and recr. (3) (b) 1. a., (7) (i) 4. b. and (9) (e), renum. (4) (j) 1. (intro.) to be 1. and am., renum. (4) (p) 4. b. 1) to be (4) (p) 4. b. and am. Register May 2008 No. 629, eff. 6-1-08; corrections in (4) (b) 2., (o) 3. a. and 6., (6) (e) 1. a., (f), (7) (c) to (e), (i), (8) (a), (e), (10) (a) 1. a. and (d) 1. made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629; corrections in (9) (a), (c) and (d) 1. made under s. 13.92 (4) (b) 7., Stats.

NR 440.644(1)(a)(a) The provisions of this section, except as provided in par. (b), apply to each of the following affected facilities in rubber tire manufacturing plants that commence construction, modification, or reconstruction after January 20, 1983: each undertread cementing operation, each sidewall cementing operation, each tread end cementing operation, each bead cementing operation, each green tire spraying operation, each Michelin-A, each Michelin-B operation and each Michelin-C automatic operation.

NR 440.644(1)(b)(b) The owner or operator of each undertread cementing operation and each sidewall cementing operation in rubber tire manufacturing plants that commenced construction, modification or reconstruction after January 20, 1983, and on or before September 15, 1987, may comply with the alternate provisions in sub. (3) (b). This election shall be irreversible. The alternate provisions in sub. (3) (b) do not apply to any undertread cementing operation or sidewall cementing operation that is modified or reconstructed after September 15, 1987. The affected facilities in this paragraph are subject to all applicable provisions of this section.