(a) Within 60 days after the time allowed for the filing of proposed
findings of fact and conclusions of law, the administrative law judge shall
make and serve upon each party a decision, which shall become final upon the
30th day after service thereof, unless an appeal is filed as provided in
§44.33 of this part. After consultation with the
parties, the administrative law judge may expedite or extend the time for
issuing the decision. The decision of the administrative law judge shall
include:
(1) A statement of findings of fact and conclusions of
law, with reasons therefor, upon each material issue of fact, law, or
discretion presented on the record; and
(2) The appropriate rule, order, relief, or denial
thereof.
(b) The decision of the administrative law judge shall be based upon
a consideration of the whole record and shall state all facts officially
noticed and relied upon. It shall be made on the basis of a preponderance of
reliable and probative evidence.
[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]
