§FMCSR.com
Current textSource: eCFR

§ 386.61 Decision.

Current wording, effective November 27, 2023.

eCFR (current) ↗
What changedOct. 1, 2006 wording → Nov. 27, 2023 wording (current)+17 added−11 removedHide

(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 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.
(b) Hearing Officer. The Hearing Officer will prepare a report to the AssistantAgency AdministratorDecisionmaker containing findings of fact and recommended disposition of the matter within 45 days after the conclusion of the hearing. The AssistantAgency AdministratorDecisionmaker will issue a Final Agency Order adopting the report, or may make other such determinations as appropriate. The AssistantAgency AdministratorDecisionmaker'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]

49 CFR § 386.61 — Decision.. Text current through October 22, 2026. This wording effective November 27, 2023 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-386.61. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.61, on October 26, 2026. Unofficial compilation; verify against the official source.

(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
  1. Nov. 27, 2023 → presenteCFR, day-precisediff vs. previousviewing
    [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005; 88 FR 80183, Nov. 17, 2023]
  2. Nov. 17, 2023 → Nov. 27, 2023eCFR, day-precisediff vs. previous
    [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005; 88 FR 80183, Nov. 17, 2023]
  3. Oct. 1, 2006 → Nov. 17, 2023annual editions 2006–2016diff vs. previous
    [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005]
  4. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
  5. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previous
  6. 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.