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e-CFR data is current as of August 6, 2020

Title 40Chapter ISubchapter EPart 164Subpart B → §164.91


Title 40: Protection of Environment
PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT
Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings)


§164.91   Accelerated decision.

(a) General. The Administrative Law Judge, in his discretion, may at any time render an accelerated decision in favor of Respondent as to all or any portion of the proceeding, including dismissal without further hearing or upon such limited additional evidence such as affidavits as he may receive, under any of the following conditions:

(1) Untimely or insufficient objections filed pursuant to §164.20;

(2) Failure to comply with discovery orders;

(3) Failure to comply with prehearing orders;

(4) Failure to appear or to proceed at prehearing conferences;

(5) Failure to appear at the hearing;

(6) Failure to state a claim upon which relief can be granted, or direct or collateral estoppel.

(7) Theat there is no genuine issue of any material fact and that the respondent is entitled to judgment as a matter of law; or

(8) Such other and further reasons as are just.

(b) Effect. A decision rendered under this section shall have the same force and effect as an initial decision entered under §164.90.

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