10 CFR 13.37, Initial Decision

Initial decision

a

(a) The ALJ shall issue an initial decision based only on the record, which shall contain findings of fact, conclusions of law, and the amount of any penalties and assessments imposed.

b

(b) The findings of fact shall include a finding on each of the following issues:

(1) Whether the claims or statements identified in the complaint, or any portions thereof, violate § 13.3; and

(2) If the person is liable for penalties or assessments, the appropriate amount of any such penalties or assessments considering any mitigating or aggravating factors that he or she finds in the case, such as those described in § 13.31.

c

(c) The ALJ shall promptly serve the initial decision on all parties within 90 days after the time for submission of post-hearing briefs and reply briefs (if permitted) has expired. The ALJ shall at the same time serve all parties with a statement describing the right of any defendant determined to be liable for a civil penalty or assessment to file a motion for reconsideration with the ALJ or a notice of appeal with the authority head. If the ALJ fails to meet the deadline contained in this paragraph, he or she shall notify the parties of the reason for the delay and shall set a new deadline.

d

(d) Unless the initial decision of the ALJ is timely appealed to the authority head, or a motion for reconsideration of the initial decision is timely filed, the initial decision shall constitute the final decision of the authority head and shall be final and binding on the parties 30 days after it is issued by the ALJ.

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[[URL::http://www.nrc.gov/reading-rm/doc-collections/cfr/part013/part013-0037.html%7CNRC website 10 CFR 13.37]]

v t e Code of Federal Regulations
Title 10 Part 13 - PROGRAM FRAUD CIVIL REMEDIES
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, Basis and purpose 2, Definitions 3, Basis for civil penalties and assessments 4, Investigation 5, Review by the reviewing official 6, Prerequisities for issuing a complaint 7, Complaint 8, Service of complaint 9, Answer 10, Default upon failure to file an answer 11, Referral of complaint and answer to the ALJ 12, Notice of hearing 13, Parties to the hearing 14, Separation of functions 15, Ex parte contacts 16, Disqualification of reviewing official or ALJ 17, Rights of parties 18, Authority of the ALJ 19, Prehearing conferences 20, Disclosure of documents 21, Discovery 22, Exchange of witness lists, statements, and exhibits 23, Subpoenas for attendance at hearing 24, Protective order 25, Fees 26, Filing and service of papers 27, Computation of time 28, Motions 29, Sanctions 30, The hearing and burden of proof 31, Determining the amount of penalties and assessments 32, Location of hearing 33, Witnesses 34, Evidence 35, The record 36, Post-hearing briefs 37, Initial decision 38, Reconsideration of initial decision 39, Appeal to authority head 40, Stays ordered by the Department of Justice 41, Stay pending appeal 42, Judicial review 43, Collection of civil penalties and assessments 44, Right to administrative offset 45, Deposit in Treasury of United States 46, Compromise or settlement 47, Limitations Appendices:

10 CFR 13.37, Initial Decision

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d

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10 CFR 13.37, Initial Decision

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c

d

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