49 C.F.R. § 604.49

Administrator's discretionary review of the Chief Counsel's decision

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(a) If the Administrator takes review on the Administrator's own motion, the Administrator shall issue a notice of review by the twenty-first day after the actual date of the Chief Counsel's decision that contains the specific findings of fact and conclusions of law in the decision subject to review by the Administrator.

(b) Parties may file one brief on review to the Administrator or rely on their post-hearing briefs to the Chief Counsel's office. Briefs on review shall be filed not later than 10 days after service of the notice of review. Filing and service of briefs on review shall be by personal delivery consistent with §§ 604.30 and 604.31.

(c) The Administrator shall issue a final agency decision and order within 30 days of the due date of the briefs on review. If the Administrator finds that the respondent is not in compliance with this part, the final agency order shall include a statement of corrective action, if appropriate, and identify remedies.

(d) If the Administrator takes review on the Administrator's own motion, the decision of the Chief Counsel is stayed pending a final decision by the Administrator.

Notes of Decisions
Cited in 2 cases, 2010–2010 · leading case: Am. Bus Ass'n, Inc. v. Rogoff, 717 F. Supp. 2d 73 (D.D.C. 2010).
Am. Bus Ass'n, Inc. v. Rogoff, 717 F. Supp. 2d 73 (D.D.C. 2010). “If no appeal is taken from the Chief Counsel’s decision, and the Administrator does not initiate a review on his or her own motion, see 49 C.F.R. § 604.49 , the Chief Counsel's decision becomes the final agency decision for which the right to judicial review is deemed to have…”
United Motorcoach Ass'n, Inc. v. Rogoff (D.D.C. 2010). “6 If no appeal is taken from the Chief Counsel’s decision, and the Administrator does not initiate a review on his or her own motion, see 49 C.F.R. § 604.49 , the Chief Counsel’s decision becomes the final agency decision for which the right to judicial review is deemed to have…”
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