§ 1905.41 Summary decision.

(a) No genuine issue of material fact. (1) Where no genuine issue of a material fact is found to have been raised, the hearing examiner may issue an initial decision to become final 20 days after service thereof, unless, within such period of time any party has filed written exceptions to the decision. If any timely exception is filed, the hearing examiner shall fix a time for filing any objections to the exception and any supporting reasons. Thereafter, the Assistant Secretary, after consideration of the exceptions and any supporting briefs filed therewith and of any objections to the exceptions and any supporting reasons, may issue a final decision. (2) An initial decision and a final decision made under this paragraph shall include a statement of: (i) Findings and conclusions, and the reasons or bases therefor, on all issues presented; and (ii) The terms and conditions of the rule or order made. (3) A copy of an initial decision and a final decision under this paragraph shall be served on each party. (b) Hearings on issues of fact. Where a genuine material question of fact is raised, the hearing examiner shall, and in any other case he may, set the case for an evidentiary hearing in accordance with subpart C of this part.