29 CFR §2570.8

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗

For prohibited transaction penalty proceedings, this section shall apply in lieu of § 18.41 of this title.

(a)No genuine issue of material fact.
1. (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 §§ 2570.10-2570.12 of this part, shall become a final order.
2. (2)A decision made under this paragraph shall include a statement of:
  1. (i)Findings of fact and conclusions of law, and the reasons therefor, on all issues presented; and
  2. (ii)Any terms and conditions of the rule or order.
3. (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.