Section 2570.167 - Summary decisionFor 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.