[Code of Federal Regulations]
[Title 49, Volume 5, Parts 400 to 999]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR821]

[Page 1086] 
                        TITLE 49--TRANSPORTATION
                              SAFETY BOARD
Subpart G--Initial Decision

Sec. 821.42  Initial decision by law judge.

    (a) Written or oral decision. The law judge may render his initial 
decision orally at the close of the hearing, or he may render such 
decision in writing at a later date, except as provided in 
Sec. 821.56(b).
    (b) Contents. The initial decision shall include a statement of 
findings and conclusions, and the grounds therefor, upon all material 
issues of fact, credibility of witnesses, law, or discretion presented 
on the record, the appropriate order, and the reasons therefor.
    (c) Furnishing copy of oral decision and issuance date. If the 
initial decision is rendered orally, a copy thereof, excerpted from the 
transcript of the record, shall be furnished the parties by the Office 
of Administrative Law Judges. Irrespective of the date of mailing of 
such copy, the issuance date of the decision shall be the actual date of 
the rendering of the oral decision.

[40 FR 30243, July 17, 1975, as amended at 59 FR 59049, Nov. 15, 1994]

Sec. 821.43  Effect of law judge's initial decision and filing of an 
          appeal therefrom.

    If an appeal from the initial decision is not timely filed with the 
Board by a party, the initial decision shall become final but shall not 
be precedent binding on the Board. The filing of a timely appeal shall 
stay the initial decision.

[59 FR 59049, Nov. 15, 1994]