Final decision procedures

The Secretary issues a final decision ruling on each exception and objection after review of the exceptions, record references, and authorities cited. Under 1955.44(a), the final decision may affirm, modify, or set aside in whole or in part the findings, conclusions, and the rule or order contained in the administrative law judge’s decision.

• The final decision must address every exception and objection filed.
• The Secretary’s decision is based on the exceptions plus the record references and authorities the parties cited.

(See 1955.44(a).)

The Secretary may affirm, modify, or set aside in whole or in part the administrative law judge’s findings, conclusions, or the rule or order. That power is stated directly in 1955.44(a).

• ‘‘Affirm’’ means the Secretary upholds the judge’s decision.
• ‘‘Modify’’ means the Secretary changes part(s) of the judge’s decision.
• ‘‘Set aside’’ means the Secretary cancels part or all of the judge’s decision.

(See 1955.44(a).)

Yes— the final decision must include reference to any material fact that is based on official notice. The requirement appears in 1955.44(a).

• If the Secretary relies on an officially noticed fact, that fact must be referenced in the final decision so parties can see the basis for the ruling.

(See 1955.44(a).)

The Secretary’s final decision becomes final on the 30th day after it is served on the parties unless a stay is granted pending judicial review. This rule is set forth in 1955.44(b).

• If served on January 1, the decision becomes final on January 31 unless the Secretary issues a stay.

(See 1955.44(b).)

Yes— the Secretary can grant a stay so the final decision does not become effective while the matter is pending judicial review. The authority to grant a stay pending judicial review is in 1955.44(b).

• A granted stay prevents the 30-day finality clock from making the decision effective during the stay period.

(See 1955.44(b).)

The final decision must be served upon all the parties to the proceeding. That requirement is stated in 1955.44(b).

• ‘‘All the parties’’ means every party who participated in the administrative proceeding and filed exceptions or objections, so they receive formal notice of the Secretary’s ruling.

(See 1955.44(b).)

The Secretary may rely on the exceptions filed, the record references, and the authorities cited in support of those exceptions when issuing the final decision. This is described in 1955.44(a).

• The decision is based on the administrative record plus the legal and factual authorities the parties present.

(See 1955.44(a).)

Yes—the Secretary must rule upon each exception and objection filed. The provision requires the Secretary to issue a final decision ruling upon every exception and objection after review, as set out in 1955.44(a).

• Parties should expect a specific ruling for each exception or objection they raised.

(See 1955.44(a).)

If the Secretary sets aside part of the judge’s decision, those portions are nullified while the remainder of the judge’s decision may remain in force; this authority is provided by 1955.44(a).

• The Secretary can set aside the decision in whole or in part, so specific findings, conclusions, rules, or orders can be removed while others remain.

(See 1955.44(a).)

The administrative law judge’s decision is the starting point, but the Secretary reviews exceptions to it and then may affirm, modify, or set it aside in whole or in part as described in 1955.44(a).

• The Secretary’s final decision replaces the judge’s decision to the extent it affirms, modifies, or sets it aside.

(See 1955.44(a).)

Parties should plan to seek judicial review within 30 days after the final decision is served unless the Secretary has granted a stay; the 30-day finality rule is in 1955.44(b).

• If a stay is granted, the 30-day period does not result in finality during the stay, so the timing for judicial review will depend on the stay’s terms.

(See 1955.44(b).)

You can read the full standard at the Part 1955 homepage and the specific final decision section: see Part 1955 and 1955.44.

• The Part 1955 page provides context for subparts and related procedural rules.

(See Part 1955 and 1955.44.)

A party should expect the final decision to reference any material fact that the Secretary has based on official notice, along with rulings on each exception and objection, as required by 1955.44(a).

• This means factual points accepted by official notice must be explicitly mentioned so parties understand which facts the Secretary relied on.

(See 1955.44(a).)