[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 14CFR302.31]



[Page 294]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 302_RULES OF PRACTICE IN PROCEEDINGS--Table of Contents

 

                Subpart A_Rules of General Applicability

 

Sec. 302.31  Initial and recommended decisions; certification of the 

record.



    (a) Action by administrative law judge after hearing. Except where 

the DOT decisionmaker directs otherwise, after the taking of evidence 

and the receipt of briefs which may include proposed findings of fact 

and conclusions of law, if any, the administrative law judge shall take 

the following action:

    (1) Initial decision. If the proceeding does not involve foreign air 

transportation, the administrative law judge shall render an ``initial 

decision.'' Such decision shall encompass the administrative law judge's 

decision on the merits of the proceeding and on all ancillary procedural 

issues remaining for disposition at the close of the hearing.

    (2) Recommended decision. In cases where the action of the 

Department involves foreign air transportation and is subject to review 

by the President of the United States pursuant to section 41307 of the 

Statute, the administrative law judge shall render a ``recommended 

decision.'' Such decision shall encompass the administrative law judge's 

decision on the merits of the proceeding and on all ancillary procedural 

issues remaining for disposition at the close of the hearing.

    (b) Certification to the DOT decisionmaker for decision. At any time 

prior to the close of the hearing, the DOT decisionmaker may direct the 

administrative law judge to certify any question or the entire record in 

the proceeding to the DOT decisionmaker for decision. In cases where the 

record is thus certified, the administrative law judge shall not render 

a decision but shall make a recommendation to the DOT decisionmaker as 

required by section 8(a) of the Administrative Procedure Act (5 U.S.C. 

558(a)) unless advised by the DOT decisionmaker that he or she intends 

to issue a tentative decision.

    (c) Every initial or recommended decision issued shall state the 

names of the persons who are to be served with copies of it, the time 

within which exceptions to, or petitions for review of, such decision 

may be filed, and the time within which briefs in support of the 

exceptions may be filed. In addition, every such decision shall recite 

that it is made under delegated authority, and contain notice of the 

provisions of paragraph (d) of this section. In the event the 

administrative law judge certifies the record to the DOT decisionmaker 

without an initial or recommended decision, he or she shall notify the 

parties of the time within which to file with the DOT decisionmaker 

briefs which may include proposed findings of fact and conclusions of 

law.

    (d) Unless a petition for discretionary review is filed pursuant to 

Sec. 302.32, exceptions are filed pursuant to Sec. 302.217, or the DOT 

decisionmaker issues an order to review upon his or her own initiative, 

the initial decision shall become effective as the final order of the 

Department thirty (30) days after service thereof; in the case of a 

recommended decision, that decision shall be transmitted to the 

President of the United States under 49 U.S.C. 41307. If a petition for 

discretionary review or exceptions are timely filed or action to review 

is taken by the DOT decisionmaker upon his or her own initiative, the 

effectiveness of the initial decision or the transmission of the 

recommended decision is stayed until the further order of the DOT 

decisionmaker.