§ 2200.90 - Decisions and reports of Judges.

§ 2200.90 Decisions and reports of Judges.

(a) Judge's decision -

(1) Contents of Judge's decision. The Judge shall prepare a decision that conforms to 5 U.S.C. 557 of the Administrative Procedure Act and constitutes the final disposition of the proceedings. The decision shall be in writing and shall include findings of fact, conclusions of law, and the reasons or bases for them, on all the material issues of fact, law, or discretion presented on the record. The decision shall include an order affirming, modifying, or vacating each contested citation item and each proposed penalty or directing other appropriate relief. A decision finally disposing of a petition for modification of the abatement period shall contain an order affirming or modifying the abatement period.

(2) Service of the Judge's decision. The Judge shall serve a copy of the decision on each party in a manner prescribed in § 2200.7(c).

(b) Judge's report -

(1) Contents of Judge's report. The Judge's report shall consist of the entire record, including the Judge's decision.

(2) Filing of Judge's report. On the eleventh day after service of the decision on the parties, the Judge shall file the report with the Executive Secretary for docketing.

(3) Docketing of Judge's report by Executive Secretary. Promptly upon filing of the Judge's report, the Executive Secretary shall docket the report and notify all parties of the docketing date. The date of docketing of the Judge's report is the date that the Judge's report is made for purposes of section 12(j) of the Act, 29 U.S.C. 661(j).

(4) Correction of errors in Judge's report.

(i) Until the Judge's report has been directed for review or, in the absence of a direction for review, until the decision has become a final order as described in paragraph (f) of this section, the Judge may correct clerical errors arising through oversight or inadvertence in decisions, orders, or other parts of the record under Federal Rule of Civil Procedure 60(a). If a Judge's report has been directed for review, the decision may be corrected during the pendency of review with leave of the Commission.

(ii) After a Judge's decision has become a final order as described in paragraph (f) of this section, the Commission or the Judge may correct a clerical mistake or a mistake arising from oversight or omission under Federal Rule of Civil Procedure 60(a).

(c) Relief from default. Until the Judge's report has been docketed by the Executive Secretary, the Judge may relieve a party of default or grant reinstatement under § 2200.101(b), § 2200.52(f)(2), or § 2200.64(b).

(d) Filing documents after the docketing date. Except for documents filed under paragraph (b)(4)(i) of this section, which shall be filed with the Judge, on or after the date of docketing of the Judge's report all documents shall be filed with the Executive Secretary.

(e) Settlement. Settlement documents shall be filed in the manner prescribed in § 2200.100(c).

(f) Judge's decision final unless review directed. If no Commissioner directs review of a report on or before the thirtieth day following the date of docketing of the Judge's report, the decision of the Judge shall become a final order of the Commission.

[84 FR 14558, Apr. 10, 2019, as amended at ; 84 FR 53053, Oct. 4, 2019]