Summary decision. (1) Where no genuine issue of ma- terial fact is found to have been raised, the administrative law judge shall issue an initial decision to become final 30 days after service thereof upon each party unless, within those 30 days, any party has filed written exceptions to the decision with the Secretary. Re- quests for extension of time to file ex- ceptions may be granted if the requests are received by the Secretary no later than 25 days after service of the deci- sion. (2) If any timely exceptions are filed, the Secretary may set a time for filing any response to the exceptions with supporting reasons. All exceptions and responses thereto shall be served on all the parties. (1) The Secretary, after consider- ation of the decision, the exceptions, and any supporting briefs filed there- with and any responses to the excep- tions with supporting reasons, shall issue a final decision. (2) An initial decision and a final de- cision under this section shall include a statement of: (i) Findings of fact and conclusions of law and the reasons and bases therefor on all issues presented; (ii) Reference to any material fact based on official notice; and (iii) The terms and conditions of the rule or order made. The final decision shall be published in the FEDERAL REGISTER and served on all the parties. (c) Where a genuine material ques- tion of fact is raised, the administra- tive law judge shall, and in any other case may, set the case for an evi- dentiary hearing. A notice of such hearing shall be published in the FED- ERAL REGISTER at least 30 days prior to the hearing date.
Appears in 3 contracts
Sources: Administrative Law Agreement, Administrative Law Agreement, Administrative Law Agreement