[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1905.41]

[Page 75-76]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1905_RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, 
 
                       Subpart D_Summary Decisions
 
Sec. 1905.41  Summary decision.

    (a) No genuine issue of material fact. (1) Where no genuine issue of 
a material fact is found to have been raised, the hearing examiner may 
issue an initial decision to become final 20 days after service thereof, 
unless, within such period of time any party has filed written 
exceptions to the decision. If any timely exception is filed, the 
hearing examiner shall fix a time for filing any objections to the 
exception and any supporting reasons. Thereafter, the Assistant 
Secretary, after consideration of the exceptions and any supporting 
briefs filed therewith and of any objections to the exceptions and any 
supporting reasons, may issue a final decision.
    (2) An initial decision and a final decision made under this 
paragraph shall include a statement of:
    (i) Findings and conclusions, and the reasons or bases therefor, on 
all issues presented; and
    (ii) The terms and conditions of the rule or order made.
    (3) A copy of an initial decision and a final decision under this 
paragraph shall be served on each party.
    (b) Hearings on issues of fact. Where a genuine material question of 
fact is raised, the hearing examiner shall, and in any other case he 
may, set the case

[[Page 76]]

for an evidentiary hearing in accordance with subpart C of this part.