[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.25]

[Page 78]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
   Subpart C--Prehearing Procedures, Motions, Interlocutory Appeals, 
                     Summary Judgments, Settlements
 
Sec.  1025.25  Summary decisions and orders.

    (a) Motion. Any party may file a motion, with a supporting 
memorandum, for a Summary Decision and Order in its favor upon all or 
any of the issues in controversy. Complaint Counsel may file such a 
motion at any time after thirty (30) days following issuance of a 
complaint, and any other party may file a motion at any time after 
issuance of a complaint. Any such motion by any party shall be filed at 
least twenty (20) days before the date fixed for the adjudicative 
hearing.
    (b) Response to motion. Any other party may, within twenty (20) days 
after service of the motion, file a response with a supporting 
memorandum.
    (c) Grounds. A Summary Decision and Order shall be granted if the 
pleadings and any depositions, answers to interrogatories, admissions, 
or affidavits show that there is no genuine issue as to any material 
fact and that the moving party is entitled to a Summary Decision and 
Order as a matter of law.
    (d) Legal effect. A Summary Decision and Order upon all the issues 
being adjudicated shall constitute the Initial Decision of the Presiding 
Officer and may be appealed to the Commission in accordance with Sec.  
1025.53 of these rules. A Summary Decision, interlocutory in character, 
may be rendered on fewer than all issues and may not be appealed prior 
to issuance of the Initial Decision.
    (e) Case not fully adjudicated on motion. A Summary Decision and 
order that does not dispose of all issues shall include a statement of 
those material facts about which there is no substantial controversy and 
of those material facts that are actually and in good faith 
controverted. The Summary Order shall direct such further proceedings as 
are appropriate.