---
kind: "section"
citation: "45 C.F.R. § 1174.33"
title: "45"
number: "1174.33"
heading: "Initial decision."
url: "https://uscodex.org/cfr/45/1174.33"
---

# §1174.33. Initial decision.

- (a) The ALJ will issue an initial decision based only on the record. It will contain findings of fact, conclusions of law, and the amount of any penalties and assessments.
- (b) The ALJ will serve the initial decision on all parties within ninety days after the hearing's close or, if the ALJ permitted the filing of post-hearing briefs, within ninety days after the final post-hearing brief was filed.
- (c) The findings of fact must include a finding on each of the following issues:
  - (1) Whether any one or more of the claims or statements identified in the complaint violate this part; and
  - (2) If the defendant is liable for penalties or assessments, the appropriate amount of any such penalties or assessments, considering any mitigating or aggravating factors.
- (d) If the defendant is liable for a civil penalty or assessment, the initial decision shall describe the defendant's right to file a motion for reconsideration with the ALJ or a notice of appeal with the authority head.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2).

### Source

Source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.