907.13—Consideration and Final Decisions.

(a) Consideration by Board of Directors. The Board of Directors may consider a Petition and render a decision:
(1) Solely on the basis of the written record; or
(2) At a regularly scheduled meeting or a meeting convened specifically for the purpose of considering the Petition. Consideration of a Petition at a meeting shall be governed by the procedures described in § 907.14.
(b) Final Decision. The Board of Directors shall render a Final Decision on the issue(s) presented in a Petition or Request to Intervene that has been accepted for consideration, based upon consideration of the entire record of the proceeding. The terms and conditions of the Final Decision shall bind the parties as to any issue(s) presented in the Petition or Request to Intervene and decided by the Board of Directors. The decision of the Board of Directors is a final decision for purposes of obtaining judicial review or as otherwise provided by law.
(c) Time periods. Subject to extension by such additional time as may reasonably be required, the Board of Directors shall render a Final Decision within 120 calendar days of the date the Petition is received in a form deemed by the Managing Director to be in compliance with the requirements of § 907.10 or, if the Petition has been the subject of a request under § 907.12(d), within 120 calendar days of receipt of a response from the Petitioner deemed by the Managing Director to complete the information necessary for the Board of Directors to consider the Petition.
(d) Transmittal of Final Decision. The Secretary to the Board shall transmit the Final Decision of the Board of Directors to all parties to the submission.

Code of Federal Regulations

[64 FR 30883, June 9, 1999, as amended at 65 FR 8257, Feb. 18, 2000]