§386.61 Decision.

(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.

[70 FR 28485, May 18, 2005; 88 FR 80183, Nov. 17, 2023]