[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.25]



[Page 166]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.25  Accelerated decision; dismissal.



    (a) The administrative law judge, upon motion of any party or sua 

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

Agency 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 or she may require, or dismiss any party with 

prejudice, under any of the following conditions:

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

direct or collateral estoppel;

    (2) No genuine issue of material fact exists and a party is entitled 

to judgment as a matter of law, as to all or any part of a proceeding; 

or

    (3) Such other reasons as are just, including failure to obey a 

procedural order of the administrative law judge.

    (b) If under this section an accelerated decision is issued as to 

all the issues and claims joined in the proceedings, the decision shall 

be treated as the decision of the administrative law judge as provided 

in Sec.  209.30.

    (c) If under this section, judgment is rendered on less than all 

issues or claims in the proceeding, the administrative law judge shall 

determine what material facts exist without substantial controversy and 

what material facts are actually and in good faith controverted. The 

administrative law judge shall thereupon issue an order specifying the 

facts which appear without substantial controversy, and the issues and 

claims upon which the hearing will proceed.