[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: 15CFR766.17]

[Page 535-536]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 766_ADMINISTRATIVE ENFORCEMENT PROCEEDINGS--Table of Contents
 
Sec.  766.17  Decision of the administrative law judge.

    (a) Predecisional matters. Except for default proceedings under 
Sec.  766.7 of this part, the administrative law judge will give the 
parties reasonable opportunity to submit the following, which will be 
made a part of the record:
    (1) Exceptions to any ruling by the judge or to the admissibility of 
evidence proffered at the hearing;
    (2) Proposed findings of fact and conclusions of law;
    (3) Supporting legal arguments for the exceptions and proposed 
findings and conclusions submitted; and
    (4) A proposed order.
    (b) Decision and order. After considering the entire record in the 
proceeding, the administrative law judge will issue a written decision.
    (1) Initial decision. For proceedings charging violations relating 
to part 760 of the EAR, the decision rendered shall be an initial 
decision. The decision will include findings of fact, conclusions of 
law, and findings as to whether there has been a violation of the EAA, 
the EAR, or any order, license or authorization issued thereunder. If 
the administrative law judge finds that the evidence of record is 
insufficient to sustain a finding that a violation has occurred with 
respect to one or more charges, the judge shall order dismissal of the 
charges in whole or in part, as appropriate. If the administrative law 
judge finds that one or more violations have been committed, the judge 
may issue an order imposing administrative sanctions, as provided in 
part 764 of the EAR. The decision and order shall be served on each 
party, and shall become effective as the final decision of the 
Department 30 days after service, unless an appeal is filed in 
accordance with Sec.  766.21 of this part.
    (2) Recommended decision. For proceedings not involving violations 
relating to part 760 of the EAR, the decision rendered shall be a 
recommended decision. The decision will include recommended findings of 
fact, conclusions of law, and findings as to whether there has been a 
violation of the EAA, the EAR or any order, license or authorization 
issued thereunder. If the administrative law judge finds that the 
evidence of record is insufficient to sustain a recommended finding that 
a violation has occurred with respect to one or more charges, the judge 
shall recommend dismissal of any such charge. If the administrative law 
judge finds that one or more violations have been committed, the judge 
shall recommend an order imposing administrative sanctions, as provided 
in part 764 of the EAR, or such other action as the judge deems 
appropriate. The administrative law judge shall immediately certify the 
record, including the original copy of

[[Page 536]]

the recommended decision and order, to the Under Secretary for review in 
accordance with Sec.  766.22 of this part. The administrative law judge 
shall also immediately serve the recommended decision on all parties. 
Because of the time limits established in the EAA for review by the 
Under Secretary, service upon parties shall be by personal delivery, 
express mail or other overnight carrier.
    (c) Suspension of sanctions. Any order imposing administrative 
sanctions may provide for the suspension of the sanction imposed, in 
whole or in part and on such terms of probation or other conditions as 
the administrative law judge or the Under Secretary may specify. Any 
suspension order may be modified or revoked by the signing official upon 
application of BIS showing a violation of the probationary terms or 
other conditions, after service on the respondent of notice of the 
application in accordance with the service provisions of Sec.  766.3 of 
this part, and with such opportunity for response as the responsible 
signing official in his/her discretion may allow. A copy of any order 
modifying or revoking the suspension shall also be served on the 
respondent in accordance with the provisions of Sec.  766.3 of this 
part.
    (d) Time for decision. Administrative enforcement proceedings not 
involving violations relating to part 760 of the EAR shall be concluded, 
including review by the Under Secretary under Sec.  766.22 of this part, 
within one year of the submission of a charging letter, unless the 
administrative law judge, for good cause shown, extends such period. The 
charging letter will be deemed to have been submitted to the 
administrative law judge on the date the respondent files an answer or 
on the date BIS files a motion for a default order pursuant to Sec.  
766.7(a) of this part, whichever occurs first.