[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR904.271]

[Page 56]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 904_CIVIL PROCEDURES--Table of Contents
 
                 Subpart C_Hearing and Appeal Procedures
 
Sec. 904.271  Decision.

    (a) After expiration of the period provided in Sec. 904.261 for the 
filing of reply briefs (unless the parties have waived briefs or 
presented proposed findings orally at the hearing), the Judge will 
render a written decision upon the record in the case, setting forth:
    (1) Findings and conclusions, and the reasons or basis therefor, on 
all material issues of fact, law, or discretion presented on the record, 
and the ruling on any proposed findings or conclusions presented by the 
parties;
    (2) A statement of any facts noticed or relied upon in the decision; 
and
    (3) Such other matters as the Judge considers appropriate.
    (b) If the parties have presented oral proposed findings at the 
hearing or have waived presentation of proposed findings, the Judge may 
at the termination of the hearing announce the decision, subject to 
later issuance of a written decision under paragraph (a) of this 
section. The Judge may in such case direct the prevailing party to 
prepare proposed findings, conclusions, and an order.
    (c) The Judge will serve the written decision on each of the parties 
by registered or certified mail, return receipt requested, and will 
promptly certify to the Administrator the record, including the original 
copy of the decision, as complete and accurate.
    (d) Unless the Judge orders a stay under Sec. 904.272, or unless a 
petition for discretionary review is filed or the Administrator issues 
an order to review upon his/her own initiative, an initial decision 
becomes effective as the final administrative decision of NOAA 30 days 
after service, unless otherwise provided by statute or regulations.