45 CFR 81.104 - Final decisions.

Regulations last checked for updates: May 16, 2024

Title 45 - Public Welfare last revised: May 13, 2024

View all text of Subpart J [§ 81.101 - § 81.107]

§ 81.104 - Final decisions.

(a) Where the hearing is conducted by a hearing examiner who makes an initial decision, if no exceptions thereto are filed within the 20-day period specified in § 81.103, such decision shall become the final decision of the Department, and shall constitute “final agency action” within the meaning of 5 U.S.C. 704 (formerly section 10(c) of the Administrative Procedure Act), subject to the provisions of § 81.106.

(b) Where the hearing is conducted by a hearing examiner who makes a recommended decision, or upon the filing of exceptions to a hearing examiner's initial decision, the reviewing authority shall review the recommended or initial decision and shall issue its own decision thereon, which shall become the final decision of the Department, and shall constitute “final agency action” within the meaning of 5 U.S.C. 704 (formerly section 10(c) of the Administrative Procedure Act), subject to the provisions of § 81.106.

authority: 5 U.S.C. 301 and 45 CFR 80.9(d)

source: 32 FR 15156, Nov. 2, 1967, unless otherwise noted.

cite as: 45 CFR 81.104