[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.727]



[Page 68]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.727  Motion for summary disposition.



    (a) At any time after a respondent's answer has been filed, the 

respondent or the Director may make a motion for summary disposition of 

any or all allegations contained in the Order Instituting Proceedings. 

If the Director has not completed presentation of his or her case-in-

chief, a motion for summary disposition shall be made only with 

permission of the Administrative Law Judge. The facts of the pleadings 

of the party against whom the motion is made shall be taken as true, 

except as modified by stipulations or admissions made by that party, by 

uncontested affidavits, or by facts officially noticed pursuant to Sec. 

501.732(b).

    (b) Decision on motion. The Administrative Law Judge may promptly 

decide the motion for summary disposition or may defer decision on the 

motion. The Administrative Law Judge shall issue an order granting a 

motion for summary disposition if the record shows there is no genuine 

issue with regard to any material fact and the party making the motion 

is entitled to a summary disposition as a matter of law.

    (c) A motion for summary disposition must be accompanied by a 

statement of the material facts as to which the moving party contends 

there is no genuine issue. Such motion must be supported by documentary 

evidence, which may take the form of admissions in pleadings, 

stipulations, depositions, transcripts, affidavits, and any other 

evidentiary materials that the moving party contends support its 

position. The motion must also be accompanied by a brief containing the 

points and authorities in support of the moving party's arguments. Any 

party opposing a motion for summary disposition must file a statement 

setting forth those material facts as to which such party contends a 

genuine dispute exists. The opposition must be supported by evidence of 

the same type as that submitted with the motion for summary disposition 

and a brief containing the points and authorities in support of the 

contention that summary disposition would be inappropriate.