(a) The DOL Administrative Law Judge may:
(1) Rule that there is a lack of jurisdiction over the case;
(2) Rule that the appeal has been withdrawn properly and in writing,
with the written consent of all the parties;
(3) Rule that reasonable cause exists to believe that the appeal has
been abandoned or that repeated requests for re-scheduling are arbitrary
and for the purpose of unduly delaying or avoiding a hearing; or
(4) Render such other rulings as are appropriate to the issues in
question. However, the DOL Administrative Law Judge shall not have
jursidiction to consider the validity or constitutionality of JS
regulations or of the Federal statutes under which they are promulgated.
(b) Based on the entire record, including any legal briefs, the
record before the State agency, the investigation (if any) and
determination of the Regional Administrator, and evidence provided at
the hearing, the DOL Administrative Law Judge shall prepare a written
decision. The DOL Administrative Law Judge shall send a copy of the
decision stating the findings and conclusions of law and fact and the
reasons therefor to the parties to the hearing, including the State
agency, the Regional Administrator, the Administrator, and the
Solicitor, and to entities filing amicus briefs (if any).
(c) The decision of the DOL Administrative Law Judge shall be the
final decision of the Secretary.
