7 CFR 1.660 - What are the requirements for the ALJ's decision?
(1) The decision must contain:
(i) Findings of fact on all disputed issues of material fact;
(ii) Conclusions of law necessary to make the findings of fact (such as rulings on materiality and on the admissibility of evidence); and
(iii) Reasons for the findings and conclusions.
(2) The ALJ may adopt any of the findings of fact proposed by one or more of the parties.
(3) The decision will not contain conclusions as to whether any preliminary condition or prescription should be adopted, modified, or rejected, or whether any proposed alternative should be accepted or rejected.
(2) Prepare a list of all documents that constitute the complete record for the hearing process (including the decision) and certify that the list is complete; and
(3) Forward to FERC the complete record for the hearing process, along with the certified list prepared under paragraph (c)(2) of this section, for inclusion in the record for the license proceeding. Materials received in electronic form, e.g., as attachments to electronic mail, should be transmitted to FERC in electronic form. However, for cases in which a settlement was reached prior to a decision, the entire record need not be transmitted to FERC. In such situations, only the initial pleadings (hearing requests with attachments, any notices of intervention and response, answers, and referral notice) and any dismissal order of the ALJ need be transmitted.
(d)Finality. The ALJ's decision under this section with respect to the disputed issues of material fact will not be subject to further administrative review. To the extent the ALJ's decision forms the basis for any condition or prescription subsequently included in the license, it may be subject to judicial review under 16 U.S.C. 825l(b).
Title 7 published on 10-May-2017 03:42
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 1 after this date.
- 7 CFR 1.674 — How Will the Forest Service Analyze a Proposed Alternative and Formulate Its Modified Condition?
- 7 CFR 1.601 — What Is the Purpose of This Subpart, and to What License Proceedings Does It Apply?
- 7 CFR 1.672 — May I File a Revised Proposed Alternative?
- 7 CFR 1.603 — How Are Time Periods Computed?
- 7 CFR 1.631 — What Are the Powers of the ALJ?