(a) After closing the record of the proceeding, the ALJ shall prepare a decision containing—
(1) A finding on each material issue of fact and conclusion of law, and the basis for each finding;
(2) The disposition of the case, including any appropriate order;
(3) The date upon which the decision will become effective;
(4) A statement of further right to appeal; and,
(5) If no hearing was held, a statement of the right of any interested person to petition the Commandant to set aside the decision.
(b) The decision of the ALJ must rest upon a consideration of the whole record of the proceedings.
(c) The ALJ may, upon motion of any party or in his or her own discretion, render the initial decision from the bench (orally) at the close of the hearing and prepare and serve a written order on the parties or their authorized representatives. In rendering his or her decision from the bench, the ALJ shall state the issues in the case and make clear, on the record, his or her findings of fact and conclusions of law.
(d) If the ALJ renders the initial decision orally, and if a party asks for a copy, the Hearing Docket Clerk shall furnish a copy excerpted from the transcript of the record. The date of the decision is the date of the oral rendering of the decision by the ALJ.
Title 33 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.