[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: 14CFR302.33]



[Page 295-296]

 

                     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. 302.33  Tentative decision of the DOT decisionmaker.



    (a) Except as provided in paragraph (b) of this section, whenever 

the administrative law judge certifies the record in a proceeding 

directly to the DOT decisionmaker without issuing an initial or 

recommended decision in the matter, the DOT decisionmaker shall, after 

consideration of any briefs submitted by the parties, prepare a 

tentative decision and serve it upon the parties. Every tentative 

decision of the DOT decisionmaker shall state the names of the persons 

who are to receive copies of it, the time within which exceptions to 

such decision and briefs, if any, in support of or in opposition to the 

exceptions may be filed, and the date when such decision will become 

final in the absence of exceptions thereto. If no exceptions are filed 

to the tentative decision of the DOT decisionmaker within the period 

fixed, it shall become final at the expiration of such period unless the 

DOT decisionmaker orders otherwise.

    (b) The DOT decisionmaker may, in his or her discretion, omit a 

tentative decision in proceedings under subpart



[[Page 296]]



B. Final decisions of the DOT decisionmaker are subject to review as 

provided in Sec. 302.18.