(a) No genuine issue of material fact. (1) Where no genuine issue of
a material fact is found to have been raised, the administrative law
judge may issue a decision to become final as provided by the statute or
regulations under which the matter is to be heard. Any final decision
issued as a summary decision shall conform to the requirements for all
final decisions.
(2) An initial decision and a final 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 initial decision and final decision under this
paragraph shall be served on each party.
(b) Hearings on issue 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.
