[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR302.31]

[Page 297]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 302--RULES OF PRACTICE IN PROCEEDINGS--Table of Contents
 
                Subpart A--Rules of General Applicability
 
Sec. 302.31  Initial and recommended decisions; certification of the record.

    (a) Action by administrative law judge after hearing. Except where 
the DOT decisionmaker directs otherwise, after the taking of evidence 
and the receipt of briefs which may include proposed findings of fact 
and conclusions of law, if any, the administrative law judge shall take 
the following action:
    (1) Initial decision. If the proceeding does not involve foreign air 
transportation, the administrative law judge shall render an ``initial 
decision.'' Such decision shall encompass the administrative law judge's 
decision on the merits of the proceeding and on all ancillary procedural 
issues remaining for disposition at the close of the hearing.
    (2) Recommended decision. In cases where the action of the 
Department involves foreign air transportation and is subject to review 
by the President of the United States pursuant to section 41307 of the 
Statute, the administrative law judge shall render a ``recommended 
decision.'' Such decision shall encompass the administrative law judge's 
decision on the merits of the proceeding and on all ancillary procedural 
issues remaining for disposition at the close of the hearing.
    (b) Certification to the DOT decisionmaker for decision. At any time 
prior to the close of the hearing, the DOT decisionmaker may direct the 
administrative law judge to certify any question or the entire record in 
the proceeding to the DOT decisionmaker for decision. In cases where the 
record is thus certified, the administrative law judge shall not render 
a decision but shall make a recommendation to the DOT decisionmaker as 
required by section 8(a) of the Administrative Procedure Act (5 U.S.C. 
558(a)) unless advised by the DOT decisionmaker that he or she intends 
to issue a tentative decision.
    (c) Every initial or recommended decision issued shall state the 
names of the persons who are to be served with copies of it, the time 
within which exceptions to, or petitions for review of, such decision 
may be filed, and the time within which briefs in support of the 
exceptions may be filed. In addition, every such decision shall recite 
that it is made under delegated authority, and contain notice of the 
provisions of paragraph (d) of this section. In the event the 
administrative law judge certifies the record to the DOT decisionmaker 
without an initial or recommended decision, he or she shall notify the 
parties of the time within which to file with the DOT decisionmaker 
briefs which may include proposed findings of fact and conclusions of 
law.
    (d) Unless a petition for discretionary review is filed pursuant to 
Sec. 302.32, exceptions are filed pursuant to Sec. 302.217, or the DOT 
decisionmaker issues an order to review upon his or her own initiative, 
the initial decision shall become effective as the final order of the 
Department thirty (30) days after service thereof; in the case of a 
recommended decision, that decision shall be transmitted to the 
President of the United States under 49 U.S.C. 41307. If a petition for 
discretionary review or exceptions are timely filed or action to review 
is taken by the DOT decisionmaker upon his or her own initiative, the 
effectiveness of the initial decision or the transmission of the 
recommended decision is stayed until the further order of the DOT 
decisionmaker.