[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.34]

[Page 501]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.34  Accelerated decision.

    (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 
Director or the respondent as to all or any part of the adjudication, 
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, as to all 
or any part of the adjudication. In addition, the Presiding Officer, 
upon motion of the respondent, may render at any time an Accelerated 
Decision to dismiss an action without further hearing or upon such 
limited additional evidence as he requires, on the basis of failure to 
establish a prima facie case or other grounds that show no right to 
relief on the part of the Director.
    (b) Effect of Accelerated Decision. (1) If an Accelerated Decision 
is rendered as to all the issues and claims in the adjudication, the 
decision constitutes an Initial Decision of the Presiding Officer, and 
shall be filed with the Docketing Clerk.
    (2) If an Accelerated Decision is rendered on less than all issues 
or claims in the adjudication, the Presiding Officer shall determine 
what material facts exist without substantial controversy and what 
material facts remain controverted in good faith. He shall thereupon 
file an interlocutory order specifying the facts that appear 
substantially uncontroverted, and the issues and claims upon which the 
adjudication will proceed.