---
kind: "section"
citation: "45 C.F.R. § 681.33"
title: "45"
number: "681.33"
heading: "How is the case decided?"
url: "https://uscodex.org/cfr/45/681.33"
---

# §681.33. How is the case decided?

- (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 imposed.
- (b) The ALJ will serve the initial decision on all parties within 90 days after the close of the hearing or, if the filing of post-hearing briefs were permitted, within 90 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) The initial decision will include a description of the right of a defendant found liable for a civil penalty or assessment to file a motion for reconsideration with the ALJ or a notice of appeal with the authority head.

## Notes

### Source

Source: 74 FR 26794, June 4, 2009, unless otherwise noted.