[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR44.32]

[Page 194]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents
 
                           Subpart C--Hearings
 
Sec. 44.32  Initial decision.

    (a) Within 60 days after the time allowed for the filing of proposed 
findings of fact and conclusions of law, the administrative law judge 
shall make and serve upon each party a decision, which shall become 
final upon the 30th day after service thereof, unless an appeal is filed 
as provided in Sec. 44.33 of this part. After consultation with the 
parties, the administrative law judge may expedite or extend the time 
for issuing the decision. The decision of the administrative law judge 
shall include:
    (1) A statement of findings of fact and conclusions of law, with 
reasons therefor, upon each material issue of fact, law, or discretion 
presented on the record; and
    (2) The appropriate rule, order, relief, or denial thereof.
    (b) The decision of the administrative law judge shall be based upon 
a consideration of the whole record and shall state all facts officially 
noticed and relied upon. It shall be made on the basis of a 
preponderance of reliable and probative evidence.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]