[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR719.18]

[Page 188]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 719_ENFORCEMENT--Table of Contents
 
Sec.  719.18  Decisions.

    (a) Initial decision. After considering the entire record in the 
case, the ALJ will issue an initial decision based on a preponderance of 
the evidence. The decision will include findings of fact, conclusions of 
law, and a decision based thereon as to whether the respondent has 
violated the Act If the ALJ finds that the evidence of record is 
insufficient to sustain a finding that a violation has occurred with 
respect to one or more allegations, the ALJ shall order dismissal of the 
allegation(s) in whole or in part, as appropriate. If the ALJ finds that 
one or more violations have been committed, the ALJ shall issue an order 
imposing administrative sanctions.
    (b) Factors considered in assessing penalties. In determining the 
amount of a civil penalty, the ALJ shall take into account the nature, 
circumstances, extent and gravity of the violation(s), and, with respect 
to the respondent, the respondent's ability to pay the penalty, the 
effect of a civil penalty on the respondent's ability to continue to do 
business, the respondent's history of prior violations, the respondent's 
degree of culpability, the existence of an internal compliance program, 
and such other matters as justice may require.
    (c) Certification of initial decision. The ALJ shall immediately 
certify the initial decision and order to the Executive Director of the 
Office of Legal Adviser, U.S. Department of State, 2201 C Street, N.W., 
Room 5519, Washington, D.C. 20520, to the Office of Chief Counsel at the 
address in Sec.  719.8, and to the respondent, by personal delivery or 
overnight mail.
    (d) Review of initial decision. The initial decision shall become 
the final agency decision and order unless, within 30 days, the 
Secretary of State modifies or vacates it, with or without conditions, 
in accordance with 22 CFR 103.8.