[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.91]

[Page 177]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.91  Accelerated decision.

    (a) General. The Administrative Law Judge, in his discretion, may at 
any time render an accelerated decision in favor of Respondent as to all 
or any portion of the proceeding, including dismissal without further 
hearing or upon such limited additional evidence such as affidavits as 
he may receive, under any of the following conditions:
    (1) Untimely or insufficient objections filed pursuant to 
Sec. 164.20;
    (2) Failure to comply with discovery orders;
    (3) Failure to comply with prehearing orders;
    (4) Failure to appear or to proceed at prehearing conferences;
    (5) Failure to appear at the hearing;
    (6) Failure to state a claim upon which relief can be granted, or 
direct or collateral estoppel.
    (7) Theat there is no genuine issue of any material fact and that 
the respondent is entitled to judgment as a matter of law; or
    (8) Such other and further reasons as are just.
    (b) Effect. A decision rendered under this section shall have the 
same force and effect as an initial decision entered under Sec. 164.90.

                                 Appeals