[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: 46CFR201.161]



[Page 26]

 

                           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.  201.161  Exceptions to, and review by the Administration of initial 

or recommended decisions.



    Within twenty (20) days after the service date of the initial or 

recommended decision, whether oral or in writing, unless a shorter 

period is fixed under Sec.  201.54, any party may file exceptions to any 

conclusions, findings, or statements contained in such decision, and a 

brief in support of such exceptions. Such exceptions and brief shall 

constitute one document, shall indicate with particularity alleged 

errors, shall indicate pages of transcript and exhibit numbers when 

referring to the record, and shall be served on all parties pursuant to 

subpart D of this part. Whenever the presiding officer renders an 

initial decision, in the absence of the filing of exceptions thereto, or 

notice of review thereof by the Administration, such decision, shall 

upon the issuance of an appropriate order by the Administration, become 

the decision of the Administration. Upon the filing of exceptions to, or 

notice of review of, an initial or recommended decision, such decision 

shall become inoperative until the Administration determines the matter. 

Where exceptions are filed to, or the Administration reviews, an initial 

or recommended decision, the Administration, except as it may limit the 

issues upon notice or by rule, will have all the powers which it would 

have in making the initial decision. Whenever the Administration shall 

determine to review an initial or recommended decision on its own 

initiative, notice of such intention shall be served upon the parties 

within thirty (30) days after the date when the initial or recommended 

decision is orally rendered and, if in writing, served.