§98.8. Decision by examiner.

49 C.F.R. § 98.8

(a)

In a hearing under § 98.7 of this part, the Departmental counsel must establish a violation by a preponderance of the evidence.

(b)

The examiner shall make a decision exclusively on matters of record in the proceeding and shall set forth in the decision:

(1)

All findings of fact relevant to the matters at issue;

(2)

All conclusions of law relevant to the matters at issue; and

(3)

The sanction to be imposed, if any.

Notes, amendments, and revision history

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

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