[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.51]

[Page 73-74]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                           Subpart F_Decision
 
Sec. 3.51  Initial decision.


    (a) When filed and when effective. The Administrative Law Judge 
shall file an initial decision within ninety (90) days after closing the 
hearing record pursuant to Sec. 3.44(c), or within thirty (30) days 
after a default or the granting of a motion for summary decision or 
waiver by the parties of the filing of proposed findings of fact, 
conclusions of law and order, or within such further time as the 
Commission may by order allow upon written request from the 
Administrative Law Judge. In no event shall the initial decision be 
filed any later than one (1) year after the issuance of the 
administrative compliant, except that the Administrative Law Judge may, 
upon a finding of extraordinary circumstances, extend the one-year 
deadline for a period of up to sixty (60) days. Such extension, upon its 
expiration, may be continued for additional consecutive periods of up to 
sixty (60) days, provided that each additional period is based upon a 
finding by the Administrative Law Judge that extraordinary circumstances 
are still present. The pendency of any collateral federal court 
proceeding that relates to the administrative adjudication shall toll 
the one-year deadline for filing the initial decision. The ALJ may stay 
the administrative proceeding until resolution of the collateral federal 
court proceeding. Once issued, the initial decision shall become the 
decision of the Commission thirty (30) days after service thereof upon 
the parties or thirty (30) days after the filing of a timely notice of 
appeal, whichever shall be later, unless a party filing such a notice 
shall have perfected an appeal by the timely filing of an appeal brief 
or the Commission shall have issued an order placing

[[Page 74]]

the case on its own docket for review or staying the effective date of 
the decision.
    (b) Exhaustion of administrative remedies. An initial decision shall 
not be considered final agency action subject to judicial review under 5 
U.S.C. 704. Any objection to a ruling by the Administrative Law Judge, 
or to a finding, conclusion or a provision of the order in the initial 
decision, which is not made a part of an appeal to the Commission shall 
be deemed to have been waived.
    (c) Content. (1) An initial decision shall be based on a 
consideration of the whole record relevant to the issues decided, and 
shall be supported by reliable and probative evidence. The initial 
decision shall include a statement of findings (with specific page 
references to principal supporting items of evidence in the record) and 
conclusions, as well as the reasons or basis therefor, upon all the 
material issues of fact, law, or discretion presented on the record (or 
those designated under paragraph (c)(2) of this section) and an 
appropriate rule or order. Rulings containing information granted in 
camera status pursuant to Sec. 3.45 shall be filed in accordance with 
Sec. 3.45(f).
    (2) When more than one claim for relief is presented in an action, 
or when multiple parties are involved, the Administrative Law Judge may 
direct the entry of an initial decision as to one or more but fewer than 
all of the claims or parties only upon an express determination that 
there is no just reason for delay and upon an express direction for the 
entry of initial decision.
    (d) By whom made. The initial decision shall be made and filed by 
the Administrative Law Judge who presided over the hearings, except when 
he shall have become unavailable to the Commission.
    (e) Reopening of proceeding by Administrative Law Judge; termination 
of jurisdiction. (1) At any time prior to the filing of his initial 
decision, an Administrative Law Judge may reopen the proceeding for the 
reception of further evidence.
    (2) Except for the correction of clerical errors or pursuant to an 
order of remand from the Commission, the jurisdiction of the 
Administrative Law Judge is terminated upon the filing of his initial 
decision with respect to those issues decided pursuant to paragraph 
(c)(1) of this section.

[32 FR 8449, June 13, 1967, as amended at 35 FR 10656, July 1, 1970; 44 
FR 62887, Nov. 1, 1979; 48 FR 52576, Nov. 21, 1983; 48 FR 54810, Dec. 7, 
1983; 52 FR 22294, June 11, 1987; 61 FR 50650, Sept. 26, 1996; 66 FR 
17631, Apr. 3, 2001]