[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1905.27]

[Page 74]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1905_RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, 
 
                           Subpart C_Hearings
 
Sec. 1905.27  Decisions of hearing examiners.

    (a) Proposed findings of fact, conclusions, and rules or orders. 
Within 10 days after receipt of notice that the transcript of the 
testimony has been filed or such additional time as the presiding 
hearing examiner may allow, each party may file with the hearing 
examiner proposed findings of fact, conclusions of law, and rule or 
order, together with a supporting brief expressing the reasons for such 
proposals. Such proposals and brief shall be served on all other 
parties, and shall refer to all portions of the record and to all 
authorities relied upon in support of each proposal.
    (b) Decision of the hearing examiner. Within a reasonable time after 
the time allowed for the filing of proposed findings of fact, 
conclusions of law, and rule or order, the presiding hearing examiner 
shall make and serve upon each party his decision, which shall become 
final upon the 20th day after service thereof, unless exceptions are 
filed thereto, as provided in Sec. 1905.28. The decision of the hearing 
examiner shall include (1) a statement of findings and conclusions, with 
reasons and bases therefor, upon each material issue of fact, law, or 
discretion presented on the record, and (2) the appropriate rule, order, 
relief, or denial thereof. The decision of the hearing examiner shall be 
based upon a consideration of the whole record and shall state all facts 
officially noticed and relied upon. It shall be made on the basis of a 
preponderance of reliable and probative evidence.