---
kind: "section"
citation: "43 C.F.R. § 4.129"
title: "43"
number: "4.129"
heading: "Decision."
url: "https://uscodex.org/cfr/43/4.129"
---

# §4.129. Decision.

- (a) **Basis for decision.** Following a hearing, the ALJ will issue a written decision that identifies and describes the basis for the decision unless the applicable statute or regulation allows for an oral ruling.
- (b) **Decision.** The decision issued by the ALJ will be final for the Department, unless a notice of appeal, petition for review, or petition for reconsideration is timely filed or the applicable statute, regulation, or order of referral requires the ALJ to issue:
  - (1) Proposed findings of fact on the issues presented at hearing; or
  - (2) **A recommended decision that includes findings of fact and conclusions of law.**

## Notes

### Source

Source: 90 FR 2395, Jan. 10, 2025, 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.