[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR305.27]

[Page 357]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                    Subpart C--Prehearing Procedures
 
Sec. 305.27  Accelerated order, order to dismiss.

    (a) General. The Presiding Officer, upon motion of any party or sua 
sponte, may at any time render an accelerated order in favor of the 
Requestor or the Claims Official as to all or any part of the 
proceeding, without further hearing or upon such limited additional 
evidence, such as affidavits, as he may require, if no genuine issue of 
material fact exists and the party is entitled to judgment as a matter 
of law, as to all or any part of the proceeding. In addition, the 
Presiding Officer, upon motion of the Claims Official, may at any time 
dismiss a Request for a Hearing without further hearing or upon such 
limited additional evidence as he requires, on the basis of failure to 
establish a prima facie case or other grounds which show no right to 
relief on the part of the Requestor.
    (b) Effect. (1) If an accelerated order or an order to dismiss is 
issued as to all the issues in the proceeding, the order constitutes the 
final order of the Presiding Officer, and shall be filed with the 
Hearing Clerk.
    (2) If an accelerated order or an order to dismiss is rendered on 
less than all issues in the proceeding, the Presiding Officer shall 
determine what material facts exist without substantial controversy and 
what material facts remain controverted in good faith. He shall 
thereupon issue an interlocutory order specifying the facts which appear 
substantially uncontroverted, and the issues upon which the hearing will 
proceed.

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