31 CFR 501.740 - Decision of Administrative Law Judge.

§ 501.740 Decision of Administrative Law Judge.

The Administrative Law Judge shall prepare a decision that constitutes his or her final disposition of the proceedings.


(1) The Administrative Law Judge shall determine whether or not the respondent has violated any provision of parts 500 and 515 of this chapter or the provisions of any license, ruling, regulation, order, direction or instruction issued by or under the authority of the Secretary pursuant to part 500 or 515 of this chapter or otherwise under the Trading with the Enemy Act.

(2) The Administrative Law Judge's decision shall include findings and conclusions, and the reasons or basis therefor, as to all the material issues of fact, law or discretion presented on the record.

(3) (i) Upon a finding of violation, the Administrative Law Judge shall award an appropriate monetary civil penalty in an amount consistent with the Penalty Guidelines published by the Director.

(ii) Notwithstanding paragraph (a)(3)(i) of this section, the Administrative Law Judge:

(A) Shall provide an opportunity for a respondent to assert his or her inability to pay a penalty, or financial hardship, by filing with the Administrative Law Judge a financial disclosure statement subject to 18 U.S.C. 1001 that sets forth in detail the basis for the financial hardship or the inability to pay; and

(B) Shall consider any such filing in determining the appropriate monetary civil penalty.

(b)Administrative Law Judge's decision -

(1)Service. The Administrative Law Judge shall serve his or her decision on the respondent and on the Director through the Office of Chief Counsel, and shall file a copy of the decision with the Secretary's designee.

(2)Filing of report with the Secretary's designee. If the respondent or Director files a petition for review pursuant to § 501.741, or upon a request from the Secretary's designee, the Administrative Law Judge shall file his or her report with the Secretary's designee not later than 20 days after service of his or her decision on the parties. The report shall consist of the record, including the Administrative Law Judge's decision, and any petition from the respondent or the Director seeking review.

(3)Correction of errors. Until the Administrative Law Judge's report has been directed for review by the Secretary's designee or, in the absence of a direction for review, until the decision has become a final order, the Administrative Law Judge may correct clerical errors and errors arising through oversight or inadvertence in decisions, orders, or other parts of the record.

(c)Administrative Law Judge's decision final unless review directed. Unless the Secretary's designee determines to review a decision in accordance with § 501.741(a)(1), the decision of the Administrative Law Judge shall become the final decision of the Department.

(d)Penalty awarded. The Director is charged with implementing all final decisions of the Department and, upon a finding of violation and/or award of a civil monetary penalty, shall carry out the necessary steps to close the action.

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.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 19 - CUSTOMS DUTIES
U.S. Code: Title 21 - FOOD AND DRUGS
U.S. Code: Title 31 - MONEY AND FINANCE

50a U.S. Code Rule - Designation of Act

50a U.S. Code Rule - Definitions

50a U.S. Code Rule - Acts prohibited

50a U.S. Code Rule - Licenses to enemy or ally of enemy insurance or reinsurance companies; change of name; doing business in United States

50a U.S. Code Rule - Suspension of provisions relating to ally of enemy; regulation of transactions in foreign exchange of gold or silver, property transfers, vested interests, enforcement and penalties

50a U.S. Code Rule - Alien Property Custodian; general powers and duties

50a U.S. Code Rule - Incurment of expenses by Office of Alien Property Custodian

50a U.S. Code Rule - Omitted

50a U.S. Code Rule - Lists of enemy or ally of enemy officers, directors or stockholders of corporations in United States; acts constituting trade...voluntary payment to custodian by holder; acts under order, rule, or regulation

50a U.S. Code Rule - Contracts, mortgages, or pledges against or with enemy or ally of enemy; abrogation of contracts; suspension of limitations

50a U.S. Code Rule - Claims to property transferred to custodian; notice of claim; filing; return of property; suits to recover; sale of claimed property in time of war or during national emergency

50a U.S. Code Rule - Acts permitted; applications for patents, or registration of trade-marks or copyrights; payment of tax in relation...against licensees; restraining infringements; powers of attorney; keeping secret inventions

50a U.S. Code Rule - Importations prohibited

50a U.S. Code Rule - Property transferred to Alien Property Custodian

50a U.S. Code Rule - Statements by masters of vessels and owners of cargoes before granting clearances

50a U.S. Code Rule - False manifest; refusal of clearance; reports of gold or silver coin in cargoes for export

50a U.S. Code Rule - Omitted

50a U.S. Code Rule - Offenses; punishment; forfeitures of property

50a U.S. Code Rule - Rules by district courts; appeals

50a U.S. Code Rule - Jurisdiction of courts of Philippines and Canal Zone of offenses

50a U.S. Code Rule - Print, newspaper or publication in foreign languages

50a U.S. Code Rule - Fees of agents, attorneys, or representatives

50a U.S. Code Rule - Claims of naturalized citizens as affected by expatriation

50a U.S. Code Rule - Fugitives from justice barred from recovery

50a U.S. Code Rule - Payment of income, etc., by Alien Property Custodian

50a U.S. Code Rule - Payment of taxes and expenses by Alien Property Custodian

50a U.S. Code Rule - Investments by Custodian in participating certificates issued by Secretary of the Treasury; transfers to and payments from German, Austrian or Hungarian special deposit accounts; allocation of payments

50a U.S. Code Rule - Allocation of “unallocated interest fund”

50a U.S. Code Rule - Return by Custodian, to United States, of payments under licenses, assignments or sales of patents

50a U.S. Code Rule - “Unallocated interest fund” defined

50a U.S. Code Rule - Waiver by Custodian of demand for property; acceptance of less amount; approval of Attorney General

50a U.S. Code Rule - Attachment or garnishment of funds or property held by Custodian

50a U.S. Code Rule - “Member of the former ruling family” defined

50a U.S. Code Rule - Return of property

50a U.S. Code Rule - Notice of claim; institution of suits; computation of time

50a U.S. Code Rule - Payment of debts

50a U.S. Code Rule - Hearings on claims; rules and regulations; delegation of powers

50a U.S. Code Rule - Taxes

50a U.S. Code Rule - Insurance of property

50a U.S. Code Rule - Shipment of relief supplies; definitions

50a U.S. Code Rule - Retention of properties or interests of Germany and Japan and their nationals; proceeds covered into Treasury; ex gratia payment to Switzerland

50a U.S. Code Rule - Intercustodial conflicts involving enemy property; authority of President to conclude; delegation of authority

50a U.S. Code Rule - Divestment of estates, trusts, insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ benefits; exceptions; notice of divestment

50a U.S. Code Rule - Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” defined,...interests, payment of royalties to Attorney General, suits for infringement

50a U.S. Code Rule - Divestment of trademarks

50a U.S. Code Rule - Motion picture prints, transfer of title

Presidential Documents

Executive Order ... 9989