(a) The Administrative Law Judge shall have jurisdiction to decide
all issues of fact and related issues of law and to grant or deny
appropriate motions, but shall not have jurisdiction to decide upon the
validity of Federal statutes or regulations.
(b) The decision of the Administrative Law Judge shall be based on
the hearing record, shall be in writing and shall state the factual and
legal basis of the decision. Notice of the decision shall be published
in the Federal Register and the Administrative Law Judge's decision
shall be available for public inspection and copying.
(c) Except when the case involves the decertification of a State
agency, the decision of the Administrative Law Judge shall be the final
decision of the Secretary.
(d) If the case involves the decertification of an appeal to the
State agency, the decision of the Administrative Law Judge shall contain
a notice stating that, within 30 calendar days of the decision, the
State agency or the Administrator may appeal to the Administrative
Review Board, United States Department of Labor, by sending by
registered mail, return receipt requested, a written appeal to the
Administrative Review Board, in care of the Administrative Law Judge who
made the decision.
[45 FR 39468, June 10, 1980, as amended at 61 FR 19983, May 3, 1996]
