§ 13.232 - Initial decision.

§ 13.232 Initial decision.

(a) Contents. The administrative law judge shall must issue an initial decision at the conclusion of the hearing. In each oral or written decision, the administrative law judge shall must include findings of fact and conclusions of law, and as well as the grounds supporting those findings and conclusions, upon for all material issues of fact, the credibility of witnesses, the applicable law, any exercise of the administrative law judge's discretion, and the amount of any civil penalty found appropriate by the administrative law judge, and . The administrative law judge must also include a discussion of the basis for any order issued in the proceedings. The administrative law judge is not required to provide a written explanation for rulings on objections, procedural motions, and other matters not directly relevant to the substance of the initial decision. If the administrative law judge refers to any previous unreported or unpublished initial decision, the administrative law judge shall must make copies of that initial decision available to all parties and the FAA decisionmaker.

(b) Oral decision. Except as provided in paragraph (c) of this section, at the conclusion of the hearing, the administrative law judge shall issue the 's oral initial decision and order orally must be on the record.

(c) Written decision. The administrative law judge may issue a written initial decision not later than 30 days after the conclusion of the hearing or submission of the last posthearing post-hearing brief if the administrative law judge finds that issuing a written initial decision is reasonable. The administrative law judge shall must serve a copy of any written initial decision on each party.

(d) Reconsideration of an initial decision. The FAA decisionmaker may treat a motion for reconsideration of an initial decision as a notice of appeal under § 13.233, and if the motion was filed within the time allowed for the filing of a notice of appeal, the FAA decisionmaker will issue a briefing schedule, as provided in § 13.218.

(e) Order assessing civil penalty. Unless appealed pursuant to § 13.233

of this subpart

, the initial decision issued by the administrative law judge

shall be

is considered an order assessing civil penalty if the administrative law judge finds that an alleged violation occurred and determines that a civil penalty, in an amount found appropriate by the administrative law judge, is warranted. The administrative law judge may not assess a civil penalty exceeding the amount sought in the complaint.