---
kind: "section"
citation: "49 C.F.R. § 98.10"
title: "49"
number: "98.10"
heading: "Appeal."
url: "https://uscodex.org/cfr/49/98.10"
---

# §98.10. Appeal.

- (a) Within 30 working days after receipt of a decision issued under [§ 98.8](/cfr/49/98.8.md) or [§ 98.9](/cfr/49/98.9.md) of this part, either the Departmental counsel or the former employee may appeal the decision to the Secretary.
- (b) In making a decision on an appeal, the Secretary shall consider only the evidence admitted during the prior proceeding and contained in the record of that proceeding.
- (c) If the Secretary modifies or reverses the initial decision, the Secretary shall specify the findings of fact and conclusions of law that are different from those of the examiner.

## Notes

### Authority

Authority: 18 U.S.C. 207; Pub. L. 96-28.

### Source

Source: 48 FR 12383, Mar. 24, 1983, unless otherwise noted.