[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.35]

[Page 329]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.35  Decision and Order of the Judge.

    (a) Proposed decision and order. Within twenty (20) days of the 
filing of the transcript of the testimony, or such additional time as 
the Judge may allow, a party, if authorized by the Judge, may file 
proposed Findings of Fact, Conclusions of Law, and Order together with a 
supporting brief expressing the reasons for such proposals. Such 
proposals and briefs shall be served on all parties, and shall refer to 
all portions of the record and to all authorities relied upon in support 
of each proposal.
    (b) Decision. Within a reasonable time, but not later than forty-
five (45) days after the filing of the hearing transcript, and the time 
allowed for the filing of the post-hearing briefs, proposed Findings of 
Fact, Conclusions of Law, and Order, if any, or within thirty (30) days 
after receipt of an agreement containing Consent Findings and Order 
disposing of the disputed matter in whole, the Judge shall make a 
decision. The decision of the Judge shall include Findings of Fact and 
Conclusions of Law upon each material issue of fact or law presented on 
the record. The decision of the Judge shall be based upon the whole 
record. It shall be supported by reliable and probative evidence. The 
standard of proof shall be a preponderance of the evidence. Such 
decision shall be in accordance with the regulations and the statutes 
conferring jurisdiction. If the Judge fails to meet the deadline 
contained in this paragraph, he or she shall notify the parties and the 
Attorney General of the reason for the delay and shall set a new 
deadline.
    (c) Order. If the Judge determines, by a preponderance of the 
evidence, that the respondent knowingly possessed a controlled substance 
that is listed in section 401(b)(1)(A) of the Controlled Substances Act 
(21 U.S.C. 841(b)) in violation of 21 U.S.C. 844, in an amount that, as 
specified by this part, is a personal use amount, the order shall 
require the respondent to pay a civil penalty of not more than $10,000 
for each violation. If the Judge determines that a preponderance of the 
evidence does not establish that the respondent knowingly possessed a 
controlled substance as described above, for his or her personal use, 
then the order shall dismiss the complaint. A copy of the decision and 
order together with a record of the proceedings will be forwarded to the 
Attorney General.