DHS and ICE will also file a Motion for Summary Decision, asking the administrative law judge to rule on the motion and order the employer to pay the fine they recommended. They will try to show that they followed the procedure. They will attempt to prove that they followed the schedules in arriving at the recommended fines. If there are factors that can serve to increase or decrease the penalty sought to be imposed, then DHS and ICE will discuss which factors they found and how these factors served to increase or reduce the amount of fine they recommended. In short, they will try to prove that there is no genuine issue of material fact that still needs to be heard by the administrative law judge.