§ 2570.167. Summary decision.
158 words·~1 min read·
/us/cfr/t29/s§ 2570.167·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For 502(c)(8) civil penalty proceedings, this section shall apply in lieu of § 18.41 of this title.
(a)No genuine issue of material fact.
(1)Where no issue of a material fact is found to have been raised, the administrative law judge may issue a decision which, in the absence of an appeal pursuant to §§ 2570.169 through 2570.171 of this subpart, shall become a final order.
(2)A decision made under paragraph
(a)of this section shall include a statement of:
(i)Findings of fact and conclusions of law, and the reasons therefor, on all issues presented; and
(ii)Any terms and conditions of the rule or order.
(3)A copy of any decision under this paragraph shall be served on each party.
(b)Hearings on issues of fact. Where a genuine question of a material fact is raised, the administrative law judge shall, and in any other case may, set the case for an evidentiary hearing.