For 502(c)(5) civil penalty proceedings, this section shall apply
in lieu of Sec. 18.41 of this title.
(a) No genuine issue of material fact. (1) Where no issue of
material fact is found to have been raised, the administrative law
judge may issue a decision which, in the absence of an appeal pursuant
to 2570.99 through
2570.101 of this subpart, shall become a final order.
(2) A decision made under this paragraph shall include a statement
of:
(i) Findings of fact and conclusions of law, and the reasons
therefor, on all issues presented; and
(ii) Any terms and conditions of the rule or order.
(3) A copy of any decision under this paragraph shall be served on
each party.
(b) Hearings on issues of fact. Where a genuine question of
material fact is raised, the administrative law judge shall, and in any
other case may, set the case for an evidentiary hearing.
