(a) Upon receipt of exceptions, the Under Secretary may afford both
parties an opportunity to submit briefs or other appropriate statements
in support of their respective positions.
(b) The Under Secretary shall issue a decision based solely on the
record of the proceedings or those portions thereof cited by the parties
to limit the issues.
(c) If the Under Secretary modifies or reverses the initial hearing
decision of the Examiner, he or she shall specify such findings of fact
and conclusions of law as are different from those of the Examiner.