Ask X3What does 49 CFR 386.61 (Decision) require?
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Based on 49 CFR 386.61, the requirements depend on who is handling the matter:
* Administrative Law Judge: After receiving the proposed findings of fact, conclusions of law, and arguments, the administrative law judge must issue a decision (which can be oral if the submissions were oral). This decision is served on all parties and the Agency Decisionmaker, and it automatically becomes the final decision of the Agency Decisionmaker 45 days after it is served, unless someone files a petition or motion for review under § 386.62.
* Hearing Officer: The Hearing Officer must prepare a report for the Agency Decisionmaker that includes findings of fact and a recommended disposition within 45 days after the hearing concludes. Following this, the Agency Decisionmaker will issue a Final Order adopting that report or making other appropriate determinations.