702.906 Decision and order of Administrative Law Judge.
(a) The Administrative Law Judge must consider only those issues referred by the district director for hearing.
(b) On issues properly before him or her, the Administrative Law Judge must limit his or her determinations to:
(1) Whether the respondent has violated the sections of the Act and regulations under which the penalty was assessed;
(2) The correctness of the penalty assessed by the district director as set forth in § §702.204, 702.236, 702.271, and 702.903(c)(2).
(c) The decision of the Administrative Law Judge must include a statement of findings and conclusions, with reasons and bases therefor, upon each material issue referred.
(d) On the date of issuance, the Administrative Law Judge must serve a copy of the decision and order on the district director and the respondent by a trackable delivery method.
(e) Any party may ask the Administrative Law Judge to reconsider his or her decision by filing a motion within 30 days of the date of issuance of the decision. A timely motion for reconsideration will suspend the running of the time for any party to file a petition for review under §702.908.
(f) If no party files a motion for reconsideration or petition for review within 30 days of the issuance of the Administrative Law Judge's decision, the decision will be deemed final, and collection and recovery of the penalty may be instituted under §702.912.
(g) At the conclusion of all hearing proceedings, the Administrative Law Judge will forward the complete hearing record to the district director who referred the matter for hearing, who will retain custody of the record.
85 FR 80611, Dec. 14, 2020