7 CFR 900.12 : Administrator's recommended decision.

1 Jan 1998
§ 900.12 's recommended decision.

(a)Preparation. As soon as practicable following the termination of the period allowed for the filing of written arguments or briefs and proposed findings and conclusions the shall file with the a recommended decision.

(b)Contents. The 's recommended decision shall include: (1) A preliminary statement containing a description of the history of the proceedings, a brief explanation of the material issues of fact, law, or discretion presented on the record, and proposed findings and conclusions with respect to such issues as well as the reasons or basis therefor; (2) a ruling upon each proposed finding or conclusion submitted by interested persons, and (3) an appropriate proposed or effectuating his recommendations.

(c)Exceptions to recommended decision. Immediately following the filing of his recommended decision, the shall give thereof, and opportunity to file exceptions thereto by publication in the Federal Register. Within a period of time specified in such any interested may file with the exceptions to the 's proposed or , or both, as the case may be, and a brief in support of such exceptions. Such exceptions shall be in writing, shall refer, where practicable, to the related pages of the transcript and may suggest appropriate changes in the proposed or .

(d)Omission of recommended decision. The procedure provided in this section may be omitted only if the finds on the basis of the record that due and timely execution of his functions imperatively and unavoidably requires such omission.