45 C.F.R. § 81.104

Final decisions

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(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.

Notes of Decisions

Cited in 2 cases, 1980–1980 · leading case: Grove City College Ex Rel. Sickafuse v. Harris

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Grove City College Ex Rel. Sickafuse v. Harris (1980) pawd · cites it 3× “Feldman Administrative Law Judge Date: September 15, 1978” Pursuant to 45 C.F.R. § 81.104 , Judge Feldman’s Order became final on October 14, 1978.”

Bakersfield City School District of Kern County v. Ernest Boyer, Bakersfield City School District v. Ernest Boyer (1980) ca9 “45 C.F.R. §§ 81.104 , 81.106. The decision of the Secretary or, if no exceptions to the decision or requests for review are filed, the decision of the administrative law judge, or the Reviewing Authority, is a final decision within the meaning of 5 U.”

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