2570.8—Summary decision.
         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) 
         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.
    
    
    
    
    
    
        
        (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.