---
kind: "section"
citation: "10 C.F.R. § 708.31"
title: "10"
number: "708.31"
heading: "Procedure for issuing an initial agency decision."
url: "https://uscodex.org/cfr/10/708.31"
---

# §708.31. Procedure for issuing an initial agency decision.

- (a) The Administrative Judge will serve the initial agency decision on all parties.
- (b) An initial agency decision issued by the Administrative Judge will contain appropriate findings, conclusions, an order, and the factual basis for each finding, whether or not a hearing has been held on the complaint. In making such findings, the Administrative Judge may rely upon, but is not bound by, the report of investigation.
- (c) If the Administrative Judge determines that an act of retaliation has occurred, the initial agency decision will include an order for any form of relief permitted under [§ 708.36](/cfr/10/708.36.md). If the Administrative Judge does not determine that an act of retaliation has occurred, the initial agency decision will state that the complaint is denied.

## Notes

### Authority

Authority: 42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42 U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5 U.S.C. Appendix 3.

### Source

Source: 84 FR 37757, Aug. 2, 2019, unless otherwise noted.