(a) The Administrative Law Judge shall prepare, as promptly as
practicable after the expiration of the time set for filing proposed
findings and related papers a decision on the issues referred by the
Secretary.
(b) In cases involving certificate actions as described in
Sec. 500.224(b), the Administrative Law Judge shall issue a decision
within ninety (90) calendar days after the close of the hearing.
(c) The decision of the Administrative Law Judge shall be limited to
a determination whether the respondent has violated the Act or these
regulations, and the appropriateness of the remedy or remedies imposed
by the Secretary. The Administrative Law Judge shall not render
determinations on the legality of a regulatory provision or the
constitutionality of a statutory provision.
(d) The decision of the Administrative Law Judge, for purposes of
the Equal Access to Justice Act (5 U.S.C. 504), shall be limited to
determinations
of attorney fees and/or other litigation expenses in adversary
proceedings requested pursuant to Sec. 500.212 which involve the
modification, suspension or revocation of a Certificate of Registration
issued under the Act and these Regulations, and/or the imposition of a
civil money penalty assessed for a violation of the Act or these
Regulations. The Administrative Law Judge shall have no power or
authority to award attorney fees and/or other litigation expenses
pursuant to the provisions of the Equal Access to Justice Act or
Regulations issued thereunder in any proceeding under MSPA or these
Regulations involving the refusal to issue or renew a Certificate of
Registration.
(e) The decision of the Administrative Law Judge shall include a
statement of findings and conclusions, with reasons and basis therefor,
upon each material issue presented on the record. The decision shall
also include an appropriate order which may be to affirm, deny, reverse,
or modify, in whole or in part, the determination of the Secretary. The
reason or reasons for such order shall be stated in the decision.
(f) The Administrative Law Judge shall transmit to the Chief
Administrative Law Judge the entire record including the decision. The
Chief Administrative Law Judge shall serve copies of the decision on
each of the parties.
(g) The decision when served shall constitute the final order of the
Secretary unless the Secretary, pursuant to section 103(b)(2) or section
503(b)(2) of the Act, modifies or vacates the decision and order of the
Administrative Law Judge.
(h) Except as provided in Secs. 500.263 through 500.268, the
administrative remedies available to the parties under the Act will be
exhausted upon service of the decision of the Administrative Law Judge.
[48 FR 36741, Aug. 12, 1983, as amended at 61 FR 24866, May 16, 1996]
