[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.25]

[Page 164]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.25  Accelerated decision; dismissal.

    (a) The administrative law judge, upon motion of any party or sua 
sponte, may at any time render an accelerated decision in favor of the 
Agency or the respondent as to all or any part of the proceeding, 
without further hearing or upon such limited additional evidence such as 
affidavits as he or she may require, or dismiss any party with 
prejudice, under any of the following conditions:
    (1) Failure to state a claim upon which relief can be granted, or 
direct or collateral estoppel;
    (2) No genuine issue of material fact exists and a party is entitled 
to judgment as a matter of law, as to all or any part of a proceeding; 
or
    (3) Such other reasons as are just, including failure to obey a 
procedural order of the administrative law judge.
    (b) If under this section an accelerated decision is issued as to 
all the issues and claims joined in the proceedings, the decision shall 
be treated as the decision of the administrative law judge as provided 
in Sec. 209.30.
    (c) If under this section, judgment is rendered on less than all 
issues or claims in the proceeding, the administrative law judge shall 
determine what material facts exist without substantial controversy and 
what material facts are actually and in good faith controverted. The 
administrative law judge shall thereupon issue an order specifying the 
facts which appear without substantial controversy, and the issues and 
claims upon which the hearing will proceed.