[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR44.41]

[Page 195-196]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents
 
                      Subpart D--Summary Decisions
 
Sec. 44.41  Summary decision.

    (a) No genuine issue of material fact. (1) Where no genuine issue of 
a material fact is found to have been raised, the administrative law 
judge may issue an initial decision to become final 30 days after 
service thereof, unless, within such time, any party has filed an appeal 
with the Assistant Secretary. Thereafter, the Assistant Secretary, after 
consideration of the entire record, may issue a final decision.
    (2) An initial decision and a final decision made under this 
paragraph shall include a statement of--
    (i) Findings and conclusions, and the reasons therefor, on all 
issues presented; and
    (ii) Any terms and conditions of the rule or order.

[[Page 196]]

    (3) A copy of an initial decision and final 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 in accordance with 
Subpart C of this part.