---
kind: "section"
citation: "13 C.F.R. § 142.30"
title: "13"
number: "142.30"
heading: "How is the case decided?"
url: "https://uscodex.org/cfr/13/142.30"
---

# §142.30. How is the case decided?

- (a) The ALJ will issue an initial decision based only on the record. It will contain findings of fact, conclusions of law, and the amount of any penalties and assessments imposed.
- (b) The ALJ will serve the initial decision on all parties within 90 days after close of the hearing or expiration of any allowed time for submission of post-hearing briefs. If the ALJ fails to meet this deadline, he or she shall promptly notify the parties of the reason for the delay and set a new deadline.
- (c) The findings of fact must include a finding on each of the following issues:
  - (1) Whether any one or more of the claims or statements identified in the complaint violate this part; and
  - (2) If the defendant is liable for penalties or assessments, the appropriate amount of any such penalties or assessments, considering any mitigating or aggravating factors.
- (d) The initial decision will include a description of the right of a defendant found liable for a civil penalty or assessment to file a motion for reconsideration with the ALJ or a notice of appeal with the Administrator.

## Notes

### Authority

Authority: 15 U.S.C. 634(b); 31 U.S.C. 3803(g)(2).

### Source

Source: 61 FR 2691, Jan. 29, 1996, unless otherwise noted.