(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) 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.
(c) 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. 801.53 of this part
which involve the imposition of a civil money penalty assessed for a
violation of the Act or this part.
(d) 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.
(e) The Administrative Law Judge shall serve copies of the decision
on each of the parties.
(f) If any party desires review of the decision of the
Administrative Law Judge, a petition for issuance of a Notice of Intent
shall be filed in accordance with Sec. 801.69 of this subpart.
(g) The decision of the Administrative Law Judge shall constitute
the final order of the Secretary unless the Secretary, pursuant to
Sec. 801.70 of this subpart issues a Notice of Intent to Modify or
Vacate the Decision and Order.
[56 FR 9064, Mar. 4, 1991; 56 FR 14469, Apr. 10, 1991]
