[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR501.741]

[Page 590-591]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY
 
PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of Contents
 
          Subpart D_Trading With the Enemy Act (TWEA) Penalties
 
Sec. 501.741  Review of decision or ruling.

    (a) Availability. (1)(i) Review of the decision of the 
Administrative Law Judge by the Secretary's designee is not a right. The 
Secretary's designee may, in his or her discretion, review the decision 
of the Administrative Law Judge on the petition of either the respondent 
or the Director, or upon his or her own motion. The Secretary's designee 
shall determine whether to review a decision:
    (A) If a petition for review has been filed by the respondent or the 
Director, not later than 30 days after that date the Administrative Law 
Judge filed his or her report with the Secretary's designee pursuant to 
paragraph (b)(2) of this section; or
    (B) If no petition for review has been filed by the respondent or 
the Director, not later than 40 days after the date the Administrative 
Law Judge filed his or her decision with the Secretary's designee 
pursuant to paragraph (b)(1) of this section.
    (ii) In determining whether to review a decision upon petition of 
the respondent or the Director, the Secretary's designee shall consider 
whether the petition for review makes a reasonable showing that:
    (A) a prejudicial error was committed in the conduct of the 
proceeding; or
    (B) the decision embodies:
    (1) a finding or conclusion of material fact that is clearly 
erroneous;
    (2) a conclusion of law that is erroneous; or
    (3) an exercise of discretion or decision of law or policy that is 
important and that the Secretary's designee should review.
    (2) Interlocutory review of ruling. The Secretary's designee shall 
review any ruling of an Administrative Law Judge involving privileged or 
confidential material that is the subject of a petition for review. See 
Sec. 501.725.
    (b) Filing. Either the respondent or the Director, when adversely 
affected or aggrieved by the decision or ruling of the Administrative 
Law Judge, may seek review by the Secretary's designee by filing a 
petition for review. Any petition for review shall be filed with the 
Administrative Law Judge within 10 days after service of the 
Administrative Law Judge's decision or the issuance of a ruling 
involving privileged or confidential material.
    (c) Contents. The petition shall state why the Secretary's designee 
should review the Administrative Law Judge's decision or ruling, 
including: Whether the Administrative Law Judge's decision or ruling 
raises an important question of law, policy or discretion; whether 
review by the Secretary's designee will resolve a question about which 
the Department's Administrative Law Judges have rendered differing 
opinions; whether the Administrative Law Judge's decision or ruling is 
contrary to law or Department precedent; whether a finding of material 
fact is not supported by a preponderance of the evidence; or whether a 
prejudicial error of procedure or an abuse of discretion was committed. 
A petition should concisely state the portions of the decision or ruling 
for which review is sought. A petition shall not incorporate by 
reference a brief or legal memorandum.
    (d) When filing effective. A petition for review is filed when 
received by the Administrative Law Judge.
    (e) Statements in opposition to petition. Not later than 8 days 
after the filing of a petition for review, either the respondent or the 
Director may file a statement in opposition to a petition. A statement 
in opposition to a petition for review shall be filed in the manner 
specified in this section for filing of petitions for review. Statements 
in opposition shall concisely state why the Administrative Law Judge's 
decision or ruling should not be reviewed with respect to each portion 
of the petition to which it is addressed.
    (f) Number of copies. An original and three copies of a petition or 
a statement in opposition to a petition shall

[[Page 591]]

be filed with the Administrative Law Judge.
    (g) Prerequisite to judicial review. Pursuant to section 704 of the 
Administrative Procedure Act, 5 U.S.C. 704, a petition for review by the 
Secretary's designee of an Administrative Law Judge decision or ruling 
is a prerequisite to the seeking of judicial review of a final order 
entered pursuant to such decision or ruling.