[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR27.11]

[Page 465-466]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
 PART 27--NONDISCRIMINATION IN ACTIVITIES CONDUCTED UNDER PERMITS, RIGHTS-OF-WAY, PUBLIC LAND ORDERS, AND OTHER FEDERAL AUTHORIZATIONS GRANTED OR ISSUED UNDER 
TITLE II OF PUBLIC LAW 93-153--Table of Contents
 
Sec. 27.11  Decisions and notices.

    (a) Initial decision by an administrative law judge. The 
administrative law judge shall make an initial decision and a copy of 
such initial decision shall be sent by registered mail, return receipt 
requested, to the recipient or applicant.
    (b) Review of the initial decision. The applicant or recipient may 
file his exceptions to the initial decision, with his reasons therefor, 
with the Director, Office of Hearings and Appeals, within thirty (30) 
days of receipt of the initial decision. In the absence of exceptions, 
the Director, Office of Hearings and Appeals, on his own motion within 
forty-five (45) days after the initial decision, may notify the 
applicant or recipient that he will review the decision. In the absence 
of exceptions or a notice of review, the initial decision shall 
constitute the final decision subject to the approval of the Secretary 
pursuant to paragraph (f) of this section.
    (c) Decisions by the Director, Office of Hearings and Appeals. 
Whenever the Director, Office of Hearings and Appeals, reviews the 
decision of an administrative law judge pursuant to paragraph (b) of 
this section, the applicant or recipient shall be given reasonable 
opportunity to file with him briefs or other written statements of its 
contention, and a copy of the final decision of the Director, Office of 
Hearings and Appeals, shall be given to the applicant or recipient and 
to the complainant, if any.
    (d) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 27.10 (b)(1), a decision shall be 
made by the Director, Office of Hearings and Appeals, on the record and 
a copy of such decision shall be given in writing to the applicant or 
recipient and to the complainant, if any.
    (e) Rulings required. Each decision of an administrative law judge 
or the Director, Office of Hearings and Appeals, shall set forth his 
ruling on each finding, conclusion, or exception presented, and shall 
identify the requirement or requirements imposed by or pursuant to this 
part with which it is found that the applicant or recipient has failed 
to comply.
    (f) Approval by Secretary. Any final decision of an administrative 
law judge or of the Director, Office of Hearings and Appeals, which 
provides for the suspension or termination of, or the refusal to grant 
or continue a Federal authorization, or the imposition of any other 
sanction available under this part, shall promptly be transmitted to the 
Secretary, who may approve such decision, may vacate it, or remit or 
mitigate any sanction imposed.
    (g) Content of decisions. The final decision may provide for 
suspension or termination of, or refusal to grant or continue a Federal 
authorization, in whole or in part, and may contain such terms, 
conditions, and other provisions as are consistent with and will 
effectuate the purposes of section 403 of Public Law 93-153 and 
implementing rules, regulations, and orders, including provisions 
designated to assure that no Federal authorization will be extended 
under title II of Public Law 93-153 to the applicant or recipient 
determined by such decision to be in default in its performance of an 
assurance given by it pursuant to section 403 and implementing rules, 
regulations, and orders or to have otherwise failed

[[Page 466]]

to comply with this part, unless and until it corrects its noncompliance 
and satisfies the Secretary that it will fully comply with this part.
    (h) Post termination decisions. An applicant or recipient adversely 
affected by an order issued under paragraph (g) of this section shall be 
restored to full eligibility to receive the Federal authorization if it 
satisfies the terms and conditions of that order for such eligibility 
and if it provides reasonable assurance that it will fully comply with 
this part.