[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR904.271]



[Page 54]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 904_CIVIL PROCEDURES--Table of Contents

 

                 Subpart C_Hearing and Appeal Procedures

 

Sec. 904.271  Decision.



    (a) After expiration of the period provided in Sec. 904.261 for the 

filing of reply briefs (unless the parties have waived briefs or 

presented proposed findings orally at the hearing), the Judge will 

render a written decision upon the record in the case, setting forth:

    (1) Findings and conclusions, and the reasons or basis therefor, on 

all material issues of fact, law, or discretion presented on the record, 

and the ruling on any proposed findings or conclusions presented by the 

parties;

    (2) A statement of any facts noticed or relied upon in the decision; 

and

    (3) Such other matters as the Judge considers appropriate.

    (b) If the parties have presented oral proposed findings at the 

hearing or have waived presentation of proposed findings, the Judge may 

at the termination of the hearing announce the decision, subject to 

later issuance of a written decision under paragraph (a) of this 

section. The Judge may in such case direct the prevailing party to 

prepare proposed findings, conclusions, and an order.

    (c) The Judge will serve the written decision on each of the parties 

by registered or certified mail, return receipt requested, and will 

promptly certify to the Administrator the record, including the original 

copy of the decision, as complete and accurate.

    (d) Unless the Judge orders a stay under Sec. 904.272, or unless a 

petition for discretionary review is filed or the Administrator issues 

an order to review upon his/her own initiative, an initial decision 

becomes effective as the final administrative decision of NOAA 30 days 

after service, unless otherwise provided by statute or regulations.