§ 386.61 Decision.
Current wording, effective November 27, 2023.
Link(a) toAdministrative anLaw amendmentJudge published at 70 FR 28485, May 18, 2005.After receiving the proposed findings of fact, conclusions of law, and arguments of the parties, the administrative law judge shall issue a decision. If the proposed findings of fact, conclusions of law, and arguments were oral, he/she may issue an oral decision. The decision of the administrative law judge becomes the final decision of the AssistantAgency AdministratorDecisionmaker 45 days after it is served unless a petition or motion for review is filed under § 386.62. The decision shall be served on all parties and on the AssistantAgency AdministratorDecisionmaker.Effective(b) DateHearing Note:Officer.
At70The FRHearing 28485,Officer Maywill 18,prepare 2005,a §report 386to the Agency Decisionmaker containing findings of fact and recommended disposition of the matter within 45 days after the conclusion of the hearing.61 wasThe amendedAgency byDecisionmaker designatingwill issue a Final Order adopting the existingreport, textor may make other such determinations as paragraphappropriate. (a)The andAgency addingDecisionmaker's decision to adopt a headingHearing andOfficer's paragraphreport (b),may effectivebe Novemberreviewed 14in accordance with § 386.64.
[50 FR 40306, 2005Oct. For2, the1985, convenienceas ofamended theat user70 theFR added28485, textMay is18, set2005; forth88 asFR follows:80183, Nov. 17, 2023]
(a) Administrative Law Judge After receiving the proposed findings of fact, conclusions of law, and arguments of the parties, the administrative law judge shall issue a decision. If the proposed findings of fact, conclusions of law, and arguments were oral, he/she may issue an oral decision. The decision of the administrative law judge becomes the final decision of the Agency Decisionmaker 45 days after it is served unless a petition or motion for review is filed under § 386.62. The decision shall be served on all parties and on the Agency Decisionmaker.
(b) Hearing Officer. The Hearing Officer will prepare a report to the Agency Decisionmaker containing findings of fact and recommended disposition of the matter within 45 days after the conclusion of the hearing. The Agency Decisionmaker will issue a Final Order adopting the report, or may make other such determinations as appropriate. The Agency Decisionmaker's decision to adopt a Hearing Officer's report may be reviewed in accordance with § 386.64.
[50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005; 88 FR 80183, Nov. 17, 2023]
Amendment history
6 distinct wordings on file since Oct. 1, 1996- [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005; 88 FR 80183, Nov. 17, 2023]
- [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005; 88 FR 80183, Nov. 17, 2023]
- [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005]
- Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.