---
kind: "section"
citation: "49 C.F.R. § 98.8"
title: "49"
number: "98.8"
heading: "Decision by examiner."
url: "https://uscodex.org/cfr/49/98.8"
---

# §98.8. Decision by examiner.

- (a) In a hearing under [§ 98.7](/cfr/49/98.7.md) 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

### Authority

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

### Source

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