For prohibited transaction 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 genuine issue of
a 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 Secs. 2570.10-2570.12 of this part, 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 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.
