---
kind: "section"
citation: "32 C.F.R. § 200.2020"
title: "32"
number: "200.2020"
heading: "Initial decision."
url: "https://uscodex.org/cfr/32/200.2020"
---

# §200.2020. Initial decision.

- (a) The ALJ will issue an initial decision, based only on the record, which will contain findings of fact and conclusions of law.
- (b) The ALJ may affirm, increase or reduce the penalties, assessment proposed or imposed by the DHA.
- (c) The ALJ will issue the initial decision to all parties within 120 days after the time for submission of post-hearing briefs and reply briefs, if permitted, has expired. The decision will be accompanied by a statement describing the right of any party to file a notice of appeal with the DAB and instructions for how to file such appeal. If the ALJ fails to meet the deadline contained in this [paragraph (c)](#c), he or she will notify the parties of the reason for the delay and will set a new deadline.
- (d) Except as provided in [paragraph (e)](#e) of this section, unless the initial decision is appealed to the DAB, it will be final and binding on the parties 30 days after the ALJ serves the parties with a copy of the decision. If service is by mail, the date of service will be deemed to be 5 days from the date of mailing.
- (e) If an extension of time within which to appeal the initial decision is granted under [§ 200.2021(a)](/cfr/32/200.2021.md?p=a), except as provided in [§ 200.2022(a)](/cfr/32/200.2022.md?p=a), the initial decision will become final and binding on the day following the end of the extension period.

## Notes

### Authority

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55; 42 U.S.C. 1320a-7a.

### Source

Source: 85 FR 60705, Sept. 28, 2020, unless otherwise noted.