---
kind: "section"
citation: "30 C.F.R. § 44.32"
title: "30"
number: "44.32"
heading: "Initial decision."
url: "https://uscodex.org/cfr/30/44.32"
---

# §44.32. Initial decision.

- (a) Within 60 days after the time allowed for the filing of proposed findings of fact and conclusions of law, the administrative law judge shall make and serve upon each party a decision, which shall become final upon the 30th day after service thereof, unless an appeal is filed as provided in [§ 44.33](/cfr/30/44.33.md) of this part. After consultation with the parties, the administrative law judge may expedite or extend the time for issuing the decision. The decision of the administrative law judge shall include:
  - (1) A statement of findings of fact and conclusions of law, with reasons therefor, upon each material issue of fact, law, or discretion presented on the record; and
  - (2) **The appropriate rule, order, relief, or denial thereof.**
- (b) The decision of the administrative law judge shall be based upon a consideration of the whole record and shall state all facts officially noticed and relied upon. It shall be made on the basis of a preponderance of reliable and probative evidence.

## Notes

### Amendments

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]

### Authority

Authority: 30 U.S.C. 957.

### Source

Source: 43 FR 29518, July 7, 1978, unless otherwise noted.

### Amendments

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]