[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

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

[CITE: 40CFR164.91]



[Page 177]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 

                           Expedited Hearings)

 

Sec. 164.91  Accelerated decision.



    (a) General. The Administrative Law Judge, in his discretion, may at 

any time render an accelerated decision in favor of Respondent as to all 

or any portion of the proceeding, including dismissal without further 

hearing or upon such limited additional evidence such as affidavits as 

he may receive, under any of the following conditions:

    (1) Untimely or insufficient objections filed pursuant to Sec. 

164.20;

    (2) Failure to comply with discovery orders;

    (3) Failure to comply with prehearing orders;

    (4) Failure to appear or to proceed at prehearing conferences;

    (5) Failure to appear at the hearing;

    (6) Failure to state a claim upon which relief can be granted, or 

direct or collateral estoppel.

    (7) Theat there is no genuine issue of any material fact and that 

the respondent is entitled to judgment as a matter of law; or

    (8) Such other and further reasons as are just.

    (b) Effect. A decision rendered under this section shall have the 

same force and effect as an initial decision entered under Sec. 164.90.



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