---
kind: "section"
citation: "29 C.F.R. § 2570.97"
title: "29"
number: "2570.97"
heading: "Summary decision."
url: "https://uscodex.org/cfr/29/2570.97"
---

# §2570.97. Summary decision.


For 502(c)(5) civil penalty proceedings, this section shall apply in lieu of [29 CFR 18.41](/cfr/29/18.41.md).

- (a) **No genuine issue of material fact.**
  - (1) Where no issue of 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 [§§ 2570.99 through 2570.101](/cfr/29/2570.99..2570.101.md), shall become a final order.
  - (2) A decision made under this paragraph shall include a statement of:
    - (i) Findings of fact and conclusions of law, and the reasons therefore, 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 material fact is raised, the administrative law judge shall, and in any other case may, set the case for an evidentiary hearing.

## Notes

### Source

Source: 68 FR 17508, Apr. 9, 2003, 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.