§2570.117. Summary decision.
29 C.F.R. § 2570.117
For 502(c)(6) civil penalty proceedings, this section shall apply in lieu of § 18.41 of this title.
No genuine issue of material fact.
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 §§ 2570.119 through 2570.121 of this subpart, shall become a final order.
A decision made under this paragraph (a) shall include a statement of:
Findings of fact and conclusions of law, and the reasons therefor, on all issues presented; and
Any terms and conditions of the rule or order.
A copy of any decision under this paragraph shall be served on each party.
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.
Notes, amendments, and revision history
Source
Source: 67 FR 786, Jan. 7, 2002, unless otherwise noted.
Authority
Authority: 5 U.S.C. 8477; 29 U.S.C. 1002(40), 1021, 1108, 1132, and 1135; sec. 102, Reorganization Plan No. 4 of 1978, 5 U.S.C. App at 672 (2006); Secretary of Labor's Order 3-2010, 75 FR 55354 (September 10, 2010) Subpart I is also issued under 29 U.S.C. 1132(c)(8).
Source
Source: 53 FR 37476, Sept. 26, 1988, unless otherwise noted.