[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR10.84]

[Page 253]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 10_RULES OF PRACTICE--Table of Contents
 
          Subpart F_Post Hearing Procedures; Initial Decisions
 
Sec.  10.84  Initial decision.

    (a) When initial decision is required. The Administrative Law Judge 
shall make an initial decision in any proceeding in which a hearing is 
required to be conducted in conformity with the requirements of the 
Administrative Procedure Act, as codified, 5 U.S.C. 557. He shall make 
an initial decision in other proceedings in which the Commission directs 
him to make such a decision.
    (b) Filing of initial decision. After the parties have been afforded 
an opportunity to file their proposed findings of fact, proposed 
conclusions of law and supporting briefs pursuant to Sec.  10.82, the 
Administrative Law Judge shall prepare upon the basis of the record in 
the proceeding and shall file with the Proceedings Clerk his or her 
decision, a copy of which shall be served by the Proceedings Clerk upon 
each of the parties.
    (c) Effect of initial decision. The initial decision shall become 
the decision of the Commission 30 days after service thereof, except:
    (1) The decision shall not become final as to any party who shall 
have filed a notice of appeal pursuant to Sec.  10.102 of these rules; 
and
    (2) The decision shall not become final as to any party to the 
proceeding if, within 30 days after the initial decision and order, the 
Commission itself shall have placed the case on its own docket for 
review or stayed the effective date of the decision.

In the event that the initial decision becomes the final decision of the 
Commission with respect to a party, that party shall be duly notified 
thereof by the Proceedings Clerk. The notice shall state that the time 
for filing a notice of appeal by the party has expired, that the 
Commission has determined not to review the initial decision on its own 
initiative and shall specify the date on which a final order in the 
proceeding shall become effective as against that party.

[41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54802, Oct. 26, 1995; 61 
FR 21954, May 13, 1996; 63 FR 55794, Oct. 19, 1998]

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