[Code of Federal Regulations]

[Title 46, Volume 8]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 46CFR201.158]



[Page 25]

 

                           TITLE 46--SHIPPING

 

    CHAPTER II--MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 201_RULES OF PRACTICE AND PROCEDURE--Table of Contents

 

Subpart P_Briefs, Requests for Findings, Decisions, Exceptions (Rule 16)

 

Sec.  201.158  Decisions, authority to make and kinds.



    To the presiding officer is delegated the authority to render 

initial or recommended decisions in all proceedings before him, 

including motions, petitions and other pleadings. Tentative or final 

decisions will be rendered by the Administration. The same officers who 

preside at the reception of evidence pursuant to section 7 of the 

Administrative Procedure Act shall render the initial or recommended 

decisions except where such officers become unavailable to the 

Administration, in which case another Presiding Officer will be 

designated to make such decision or certify the record to the 

Administration. Where the Administration requires the entire record in 

the case to be certified to it for initial decision, the Presiding 

Officer shall first recommend a decision, except that in rule making:

    (a) In lieu thereof the Administration may issue a tentative 

decision or any of its responsible officers may recommend a decision or 

(b) any such procedure may be omitted in any case in which the 

Administration finds upon the record that due and timely execution of 

its functions in the public interest imperatively and unavoidably so 

requires.