---
kind: "section"
citation: "28 C.F.R. § 18.9"
title: "28"
number: "18.9"
heading: "Final agency decision."
url: "https://uscodex.org/cfr/28/18.9"
---

# §18.9. Final agency decision.

- (a) In hearings conducted under [§ 18.6](/cfr/28/18.6.md), the responsible agency official shall make the final agency decision, on the basis of the record, findings, conclusions, and recommendations presented by the hearing examiner.
- (b) Prior to making a final decision, the responsible agency official shall give the parties an opportunity to submit the following, within thirty (30) days after the submission of the hearing officer's recommendations:
  - (1) Proposed findings and determinations;
  - (2) Exceptions to the recommendations of the hearing officer; and
  - (3) Supporting reasons for the exceptions or proposed findings or determinations; and
  - (4) **Final briefs summarizing the arguments presented at the hearing.**
- (c) All determinations, findings and conclusions made by the responsible agency official shall be final and conclusive upon the responsible agency and all appellants.

## Notes

### Authority

Authority: Secs. 802-804 of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, Pub. L. 96-157, and Pub. L. 98-473). Secs. 223(d), 226 and 228(e) of the Juvenile Justice and Delinquency Prevention Act of 1974, 42 U.S.C. 5601, et seq., as amended (Pub. L. 93-415, as amended by Pub. L. 94-503, Pub. L. 95-115, Pub. L. 96-509, and Pub. L. 98-473). Sec. 1407(F) of the Victims of Crime Act of 1984, 42 U.S.C. 10601, et seq. Pub. L. 98-473, 98 Stat. 2176.

### Source

Source: 50 FR 28199, July 11, 1985, unless otherwise noted.