---
kind: "section"
citation: "43 C.F.R. § 49.545"
title: "43"
number: "49.545"
heading: "What will be included in the administrative law judge's decision?"
url: "https://uscodex.org/cfr/43/49.545"
---

# §49.545. What will be included in the administrative law judge's decision?

- (a) The administrative law judge's written decision will set forth:
  - (1) The findings of fact and conclusions of law;
  - (2) The reasons and bases for the findings; and
  - (3) **An assessment of the penalty, if any.**
- (b) **The amount of any penalty assessed will—**
  - (1) Be determined in accordance with this subpart and subpart G of this part; and
  - (2) Not be limited by the amount of the penalty assessed by the Federal land manager under [§ 49.525](/cfr/43/49.525.md) or by any offer of mitigation or remission previously made.
- (c) The administrative law judge's decision will become effective 31 days from the date of the written decision unless a timely appeal of the decision is filed under [§ 49.550](/cfr/43/49.550.md).

## Notes

### Authority

Authority: 16 U.S.C. 470aaa-aaa-11.

### Source

Source: 87 FR 47319, Aug. 2, 2022, unless otherwise noted.