[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.25]

[Page 40-41]
 
                        TITLE 49--TRANSPORTATION
 
                   CHAPTER V--NATIONAL HIGHWAY TRAFFIC
                    SAFETY ADMINISTRATION, DEPARTMENT
                            OF TRANSPORTATION
 
PART 511_ADJUDICATIVE PROCEDURES--Table of Contents
 
Subpart C_Prehearing Procedures; Motions; Interlocutory Appeals; Summary 
                          Judgment; Settlement
 
Sec.  511.25  Summary decision and order.

    (a) Motion. Any party may move, with a supporting memorandum, for a 
Summary Decision and Order in its favor upon all or any of the issues in 
controversy. Complaint Counsel may so move at any time after thirty (30)

[[Page 41]]

days following issuance of a complaint, and any other party may so move 
at any time after issuance of a complaint. Any such motion by any party 
shall be filed at least twenty (20) days before the date fixed for the 
adjudicatory hearing.
    (b) Response to motion. Any other party may, within ten (10) days 
after service of the motion, file a response thereto with a supporting 
memorandum.
    (c) Grounds. A Summary Decision and Order shall be granted if the 
pleadings and any testimony upon oral examination, answers to 
interrogatories, admissions, and/or affidavits show that there is no 
genuine issue as to any material fact and that the moving party is 
entitled to a Summary Decision and Order as a matter of law.
    (d) Legal effect. A Summary Decision and Order upon all the issues 
being adjudicated shall constitute the Initial Decision of the Presiding 
Officer, and may be appealed to the Administrator in accordance with 
Sec.  511.53. A Summary Decision, interlocutory in character, may be 
rendered on fewer than all issues and may not be appealed prior to 
issuance of the Initial Decision, except in accordance with Sec.  
511.24.
    (e) Case not fully adjudicated on motion. A Summary Decision and 
Order that does not dispose of the whole case shall include a statement 
of those material facts as to which there is no substantial controversy, 
and of those material facts that are actually and in good faith 
controverted. The Summary Order shall direct such further proceedings as 
are just.