[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.741]



[Page 76-77]

 

                  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 77]]



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.