[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.61]

[Page 276]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                           Subpart E_Decision
 
Sec.  386.61  Decision.


    (a) Administrative Law Judge After receiving the proposed findings 
of fact, conclusions of law, and arguments of the parties, the 
administrative law judge shall issue a decision. If the proposed 
findings of fact, conclusions of law, and arguments were oral, he/she 
may issue an oral decision. The decision of the administrative law judge 
becomes the final decision of the Assistant Administrator 45 days after 
it is served unless a petition or motion for review is filed under Sec.  
386.62. The decision shall be served on all parties and on the Assistant 
Administrator.
    (b) Hearing Officer. The Hearing Officer will prepare a report to 
the Assistant Administrator containing findings of fact and recommended 
disposition of the matter within 45 days after the conclusion of the 
hearing. The Assistant Administrator will issue a Final Agency Order 
adopting the report, or may make other such determinations as 
appropriate. The Assistant Administrator's decision to adopt a Hearing 
Officer's report may be reviewed in accordance with Sec.  386.64.

[50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005]