Initial decision.

§ 904.271 Initial decision. (a) After expiration of the period provided in § 904.261 for the filing of reply briefs (unless the parties have waived briefs or presented proposed findings orally at the hearing), the Judge will render an Initial Decision upon the record in the case, setting forth: (1) Findings and conclusions, and the reasons or bases therefor, on all material issues of fact, law, or discretion presented on the record; (2) An order as to the final disposition of the case, including any appropriate ruling, order, sanction, relief, or denial thereof; (3) The date upon which the decision will become effective; and (4) A statement of further right to appeal. (b) If the parties have presented oral proposed findings at the hearing or have waived presentation of proposed findings, the Judge may at the termination of the hearing announce the decision, subject to later issuance of a written Initial Decision under paragraph (a) of this section. In such cases, the Judge may direct the prevailing party to prepare proposed findings, conclusions, and an order. (c) The Judge will serve the Initial Decision on each of the parties, the Chief of the Enforcement Section of the NOAA Office of General Counsel, and the Administrator. Upon request, the Judge will promptly certify to the Administrator the record, including the original copy of the Initial Decision, as complete and accurate. (d) An Initial Decision becomes effective as the final administrative decision of NOAA 60 days after service, unless: (1) Otherwise provided by statute or regulations; (2) The Judge grants a petition for reconsideration under § 904.272; or (3) A petition for discretionary review is filed or the Administrator issues an order to review upon his/her own initiative under § 904.273. [71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38939, June 30, 2022]