[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR766.22]

[Page 532-533]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 766--ADMINISTRATIVE ENFORCEMENT PROCEEDINGS--Table of Contents
 
Sec. 766.22  Review by Under Secretary.

    (a) Recommended decision. For proceedings not involving violations 
relating to part 760 of the EAR, the administrative law judge shall 
immediately refer the recommended decision and order to the Under 
Secretary. Because of the time limits provided under the EAA for review 
by the Under Secretary, service of the recommended decision and order on 
the parties, all papers filed by the parties in response, and the final 
decision of the Under Secretary must be by personal delivery, facsimile, 
express mail or other overnight carrier. If the Under Secretary cannot 
act on a recommended decision and order for any reason, the Under 
Secretary will designate another Department of Commerce official to 
receive and act on the recommendation.
    (b) Submissions by parties. Parties shall have 12 days from the date 
of issuance of the recommended decision and order in which to submit 
simultaneous responses. Parties thereafter shall have eight days from 
receipt of any response(s) in which to submit replies. Any response or 
reply must be received within the time specified by the Under Secretary.
    (c) Final decision. Within 30 days after receipt of the recommended 
decision and order, the Under Secretary shall issue a written order 
affirming, modifying or vacating the recommended decision and order of 
the administrative law judge. If he/she vacates the recommended decision 
and order, the Under Secretary may refer the case back to the 
administrative law judge for further proceedings. Because of the time 
limits, the Under Secretary's review will ordinarily be limited to the 
written record for decision, including

[[Page 533]]

the transcript of any hearing, and any submissions by the parties 
concerning the recommended decision.
    (d) Delivery. The final decision and implementing order shall be 
served on the parties and will be publicly available in accordance with 
Sec. 766.20 of this part.
    (e) Appeals. The charged party may appeal the Under Secretary's 
written order within 15 days to the United States Court of Appeals for 
the District of Columbia pursuant to 50 U.S.C. app. Sec. 2412(c)(3).