---
kind: "section"
citation: "43 C.F.R. § 4.1051"
title: "43"
number: "4.1051"
heading: "What are the requirements for the ALJ's recommended decision?"
url: "https://uscodex.org/cfr/43/4.1051"
---

# §4.1051. What are the requirements for the ALJ's recommended decision?

- (a) **Timing.** The ALJ must issue a recommended decision within 180 days after issuance of the docketing notice under [§ 4.1020(a)(3)](/cfr/43/4.1020.md?p=a-3), unless the ALJ issues an order finding good cause to issue the recommended decision at a later date.
- (b) **Content.**
  - (1) The recommended decision must contain all of the following:
    - (i) Recommended findings of fact on all disputed issues of material fact;
    - (ii) **Recommended conclusions of law—**
      - (A) Necessary to make the findings of fact (such as rulings on materiality and on the admissibility of evidence); and
      - (B) As to whether the applicable criteria for Federal acknowledgment have been met; and
    - (iii) **Reasons for the findings and conclusions.**
  - (2) The ALJ may adopt any of the findings of fact proposed by one or more of the parties.
- (c) **Service.** Promptly after issuing a recommended decision, the ALJ must:
  - (1) Serve the recommended decision on each party to the hearing process; and
  - (2) **Forward the complete hearing record to the Assistant Secretary—** Indian Affairs, including the recommended decision.

## Notes

### 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.