C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER E—PESTICIDE PROGRAMS › 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 …

40 C.F.R. § 164.91

Accelerated decision

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(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.

Notes of Decisions
Cited in 2 cases, 1980–1981 · leading case: Amvac Chem. Corp. v. United States Env't Prot. Agency, 653 F.2d 1260 (9th Cir. 1980).
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Amvac Chem. Corp. v. United States Env't Prot. Agency, 653 F.2d 1260 (9th Cir. 1980). “See 40 C.F.R. 164.91 and 40 C.F.R. 164.102. .”
Amvac Chem. Corp. v. United States Env't Prot. Agency, Amvac Chem. Corp. v. Douglas M. Costle, Adm'r, United States Env't Prot. Agency, 653 F.2d 1260 (9th Cir. 1981). “EPA's notice of intention to cancel the registration covered the use of the pesticide on 23 crops 3 See 40 C.F.R. 164.91 and 40 C.F.R. 164.102 4 United States Circuit Court No.”
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