[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR672.13]



[Page 238]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.13  Accelerated decision; decision to dismiss.



    (a) General. The Presiding Officer, upon motion of any party or sua 

sponte, may at any time render an accelerated decision in favor of the 

complainant or the respondent as to all or any part 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 regarding 

all or any part of the proceeding. In addition, the Presiding Officer, 

upon motion of the respondent, may at any time dismiss an action without 

further hearing or upon such limited additional evidence as he requires, 

if complainant fails to establish a prima facie case, or if other 

grounds show complainant has no right to relief.

    (b) Effect. (1) If an accelerated decision or a decision to dismiss 

is issued as to all the issues and claims in the proceeding, the 

decision constitutes an initial decision of the Presiding Officer, and 

shall be filed with the 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 in good faith. 

He shall then issue an interlocutory order specifying the facts which 

appear substantially uncontroverted, and the issues and claims upon 

which the hearing will proceed.