(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 an initial decision to become final 30 days after service
thereof, unless, within such time, any party has filed an appeal with the
Assistant Secretary. Thereafter, the Assistant Secretary, after consideration
of the entire record, may issue a final decision.
(2) An initial decision and a final decision made under
this paragraph shall include a statement of--
(a)(2)(i) Findings and conclusions, and the reasons therefor, on
all issues presented; and
(a)(2)(ii) Any terms and conditions of the rule or order.
(3) A copy of an initial decision and final 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 in accordance with
Subpart C of this part.
U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 1100 Wilson Boulevard, 21st Floor | Arlington, VA 22209-3939 www.msha.gov | Telephone: (202) 693-9400 | Fax-on-demand: (202) 693-9401