---
kind: "section"
citation: "49 C.F.R. § 386.61"
title: "49"
number: "386.61"
heading: "Decision."
url: "https://uscodex.org/cfr/49/386.61"
---

# §386.61. Decision.

- (a) **Administrative Law Judge—** After receiving the proposed findings of fact, conclusions of law, and arguments of the parties, the administrative law judge shall issue a decision. If the proposed findings of fact, conclusions of law, and arguments were oral, he/she may issue an oral decision. The decision of the administrative law judge becomes the final decision of the Agency Decisionmaker 45 days after it is served unless a petition or motion for review is filed under [§ 386.62](/cfr/49/386.62.md). The decision shall be served on all parties and on the Agency Decisionmaker.
- (b) **Hearing Officer.** The Hearing Officer will prepare a report to the Agency Decisionmaker containing findings of fact and recommended disposition of the matter within 45 days after the conclusion of the hearing. The Agency Decisionmaker will issue a Final Order adopting the report, or may make other such determinations as appropriate. The Agency Decisionmaker's decision to adopt a Hearing Officer's report may be reviewed in accordance with [§ 386.64](/cfr/49/386.64.md).

## Notes

### Amendments

[50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005; 88 FR 80183, Nov. 17, 2023]

### Authority

Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and 315; and 49 CFR 1.81, 1.87.

### Source

Source: 50 FR 40306, Oct. 2, 1985, unless otherwise noted.

### Amendments

[50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28485, May 18, 2005; 88 FR 80183, Nov. 17, 2023]