§2570.67. Summary decision.
29 C.F.R. § 2570.67
For 502(c)(2) civil penalty proceedings, this section shall apply in lieu of § 18.41 of this title.
No genuine issue of material of fact.
Where no issue of a material of fact is found to have been raised, the administrative law judge may issue a decision which, in the absence of an appeal pursuant to §§ 2570.69 through 2570.71 of this subpart, shall become a final order.
A decision made under this paragraph 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 material of 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: 54 FR 26897, June 26, 1989, 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.