[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR356.26]

[Page 321]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 356--PROCEDURES AND RULES FOR IMPLEMENTING ARTICLE 1904 OF THE NORTH AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
 Subpart D--Violation of a Protective Order or a Disclosure Undertaking
 
Sec.  356.26  Initial decision.

    (a) Initial decision. The administrative law judge, if a hearing was 
requested, or the Deputy Under Secretary will submit an initial decision 
to the APO Sanctions Board, providing copies to the parties. The 
administrative law judge or the Deputy Under Secretary will ordinarily 
issue the decision within 20 days of the conclusion of the hearing, if 
one was held, or within 15 days of the date of service of final written 
submissions. The initial decision will be based solely on evidence 
received into the record and the pleadings of the parties.
    (b) Findings and conclusions. The initial decision will state 
findings and conclusions as to whether a person has violated a 
protective order or a disclosure undertaking; the basis for those 
findings and conclusions; and whether the sanctions proposed in the 
charging letter, or lesser included sanctions, should be imposed against 
the charged or affected party. The administrative law judge or the 
Deputy Under Secretary may impose sanctions only upon determining that 
the preponderance of the evidence supports a finding of violation of a 
protective order or a disclosure undertaking and that the sanctions are 
warranted against the charged or affected party.
    (c) Finality of decision. If the APO Sanctions Board has not issued 
a decision on the matter within 60 days after issuance of the initial 
decision, the initial decision becomes the final decision of the 
Department.