Current through September 30, 2024
Section 4.1051 - What are the requirements for the ALJ's recommended decision?(a)Timing. The ALJ must issue a recommended decision within 180 days after issuance of the docketing notice under § 4.1020(a)(3) , unless the ALJ issues an order finding good cause to issue the recommended decision at a later date.(b)Content.(1) The recommended decision must contain all of the following: (i) Recommended findings of fact on all disputed issues of material fact;(ii) Recommended conclusions of law: (A) Necessary to make the findings of fact (such as rulings on materiality and on the admissibility of evidence); and(B) As to whether the applicable criteria for Federal acknowledgment have been met; and(iii) Reasons for the findings and conclusions.(2) The ALJ may adopt any of the findings of fact proposed by one or more of the parties.(c)Service. Promptly after issuing a recommended decision, the ALJ must:(1) Serve the recommended decision on each party to the hearing process; and(2) Forward the complete hearing record to the Assistant Secretary-Indian Affairs, including the recommended decision.