§4.1051. What are the requirements for the ALJ's recommended decision?
43 C.F.R. § 4.1051
Timing. The ALJ must issue a recommended decision within 180 days after issuance of the docketing notice under § 4.1020(a)(3), unless the ALJ issues an order finding good cause to issue the recommended decision at a later date.
Content.
The recommended decision must contain all of the following:
Recommended findings of fact on all disputed issues of material fact;
Recommended conclusions of law—
Necessary to make the findings of fact (such as rulings on materiality and on the admissibility of evidence); and
As to whether the applicable criteria for Federal acknowledgment have been met; and
Reasons for the findings and conclusions.
The ALJ may adopt any of the findings of fact proposed by one or more of the parties.
Service. Promptly after issuing a recommended decision, the ALJ must:
Serve the recommended decision on each party to the hearing process; and
Forward the complete hearing record to the Assistant Secretary— Indian Affairs, including the recommended decision.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.
Source
Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.
Authority
Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.
Source
Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.