15 C.F.R. § 904.210
Summary decision
The Judge may render a summary decision disposing of all or part of the administrative proceeding if:
(a) Jointly requested by every party to the administrative proceeding; and
(b) There is no genuine issue as to any material fact and a party is entitled to summary decision as a matter of law.
Notes of Decisions
Cited in 2
cases, 1994–1995 · leading case: United States v. Wade E. Menendez, United States of Am. v. Raymond E. Plaisance, United States of Am. v. Tony Dung Van Nguyen, 48 F.3d 1401 (5th Cir. 1995).
United States v. Wade E. Menendez, United States of Am. v. Raymond E. Plaisance, United States of Am. v. Tony Dung Van Nguyen, 48 F.3d 1401 (5th Cir. 1995). “the moving party is entitled to summary decision as a matter of law,” 15 C.F.R. § 904.210 , the ALJ has the power to grant summary decision, either on motion of any party or on his own motion.”
United States v. Nguyen, 847 F. Supp. 496 (S.D. Miss. 1994). “Thus, because defendant failed to respond to the order justly issued by the ALJ in this case, the ALJ had the authority under 15 C.F.R. Section 904.212 to dismiss the matter from the docket for failure to defend.”
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