16.37—Initial decision.
(a)
The ALJ shall issue an initial decision,
based solely on the record, which shall contain
findings of fact, conclusion of law, and the
amount of any penalties and assessments
imposed.
(1)
Whether the claims or statements identified
in the complaint, or any portions thereof, violate
§ 16.3 ;
(2)
If the person is liable for penalties of
assessments, the appropriate amount of any such
penalties or assessments considering any
mitigating or aggravating factors that he or she
finds in the case, such as those described in §
16.31.
(c)
The ALJ shall promptly serve the initial
decision on all parties within 90 days after the
time for submission of post-hearing briefs and
reply briefs (if permitted) has expired. The ALJ
shall at the same time serve all defendants with a
statement describing the right of any defendant
determined to be liable for a civil penalty or
assessment to file a motion for reconsideration
with the ALJ or a notice of appeal with the
authority head. If the ALJ fails to meet the
deadline contained in this paragraph, he or she
shall notify the parties of the reason for the
delay and shall set a new deadline.
(d)
Unless the initial decision of the ALJ is
timely appealed to the authority head, or a motion
for reconsideration of the initial decision is
timely filed, the initial decision shall
constitute the final decision of the authority
head and shall be final and binding on the parties
30 days after it is issued by the ALJ.