[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR22.20]

[Page 253]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                     Subpart C_Prehearing Procedures
 
Sec. 22.20  Accelerated decision; decision to dismiss.

    (a) General. The Presiding Officer may at any time render an 
accelerated decision in favor of a party as to any or all parts 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 a party is entitled to judgment as a matter of 
law. The Presiding Officer, upon motion of the respondent, may at any 
time dismiss a proceeding 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 complainant.
    (b) Effect. (1) If an accelerated decision or a decision to dismiss 
is issued as to all issues and claims in the proceeding, the decision 
constitutes an initial decision of the Presiding Officer, and shall be 
filed with the Regional Hearing Clerk.
    (2) If an accelerated decision or a decision to dismiss is rendered 
on less than all issues or claims in the proceeding, the Presiding 
Officer shall determine what material facts exist without substantial 
controversy and what material facts remain controverted. The partial 
accelerated decision or the order dismissing certain counts shall 
specify the facts which appear substantially uncontroverted, and the 
issues and claims upon which the hearing will proceed.