7 CFR 1.660 - What are the requirements for the ALJ's decision?

Status message

There is 1 rule appearing in the Federal Register for 7 CFR Part 1. View below or at eCFR (GPOAccess)
prev | next
§ 1.660 What are the requirements for the ALJ's decision?
(a) Timing. The ALJ must issue a decision within the shorter of the following time periods:
(1) 30 days after the close of the hearing under§ 1.658; or
(2) 90 days after issuance of the referral notice under§ 1.625(c), 43 CFR 45.25(c), or 50 CFR 221.25(c).
(b) Content.
(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 adopted or rejected.
(c) Service. Promptly after issuing his or her decision, the ALJ must:
(1) Serve the decision on each party to the hearing; and
(2) Forward a copy of the decision to FERC, along with the complete hearing record, for inclusion in the license proceeding record.
(d) Finality. The ALJ's decision under this section will be final, with respect to the disputed issues of material fact, for any Department involved in the hearing. 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 2015-01-01.

The following are only the Rules published in the Federal Register after the published date of Title 7.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2015-03-31; vol. 80 # 61 - Tuesday, March 31, 2015
    1. 80 FR 17156 - Resource Agency Hearings and Alternatives Development Procedures in Hydropower Licenses
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, DEPARTMENT OF COMMERCE, DEPARTMENT OF AGRICULTURE, National Oceanic and Atmospheric Administration, Office of the Secretary
      Revised interim rules with request for comment.
      Effective date: These rules are effective on April 30, 2015. Comment date: You should submit your comments by June 1, 2015.
      7 CFR Part 1

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 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 7 - AGRICULTURE
U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 16 - CONSERVATION
U.S. Code: Title 21 - FOOD AND DRUGS
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 43 - PUBLIC LANDS

Title 7 published on 2015-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 1 after this date.

  • 2015-03-31; vol. 80 # 61 - Tuesday, March 31, 2015
    1. 80 FR 17156 - Resource Agency Hearings and Alternatives Development Procedures in Hydropower Licenses
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, DEPARTMENT OF COMMERCE, DEPARTMENT OF AGRICULTURE, National Oceanic and Atmospheric Administration, Office of the Secretary
      Revised interim rules with request for comment.
      Effective date: These rules are effective on April 30, 2015. Comment date: You should submit your comments by June 1, 2015.
      7 CFR Part 1