(a) Unless the parties jointly request or agree to an extension of
time, the administrative law judge shall issue a recommended decision
within 20 days after the termination of the proceeding at which
evidence was submitted. The recommended decision shall contain
appropriate findings, conclusions, and a recommended order and be
served upon all parties to the proceeding.
(b) In cases under the Energy Reorganization Act, a determination
that a violation has occurred may only be made if the complainant has
demonstrated that protected behavior or conduct was a contributing
factor in the unfavorable personnel action alleged in the complaint.
Relief may not be ordered if the respondent demonstrates by clear and
convincing evidence that it would have taken the same unfavorable
personnel action in the absence of such behavior. The proceeding before
the
administrative law judge shall be a proceeding on the merits of the
complaint. Neither the Assistant Secretary's determination to dismiss a
complaint pursuant to Sec. 24.5 without completing an investigation nor
the Assistant Secretary's determination not to dismiss a complaint is
subject to review by the administrative law judge, and a complaint may
not be remanded for the completion of an investigation on the basis
that such a determination to dismiss was made in error.
(c)(1) Upon the conclusion of the hearing and the issuance of a
recommended decision that the complaint has merit, and that a violation
of the Act has occurred, the administrative law judge shall issue a
recommended order that the respondent take appropriate affirmative
action to abate the violation, including reinstatement of the
complainant to his or her former position, if desired, together with
the compensation (including back pay), terms, conditions, and
privileges of that employment, and, when appropriate, compensatory
damages. In cases arising under the Safe Drinking Water Act or the
Toxic Substances Control Act, exemplary damages may also be awarded
when appropriate.
(2) In cases brought under the Energy Reorganization Act, when an
administrative law judge issues a recommended order that the complaint
has merit and containing the relief prescribed in paragraph (c)(1) of
this section, the administrative law judge shall also issue a
preliminary order providing all of the relief specified in paragraph
(c)(1) of this section with the exception of compensatory damages. This
preliminary order shall constitute the preliminary order of the
Secretary and shall be effective immediately, whether or not a petition
for review is filed with the Administrative Review Board. Any award of
compensatory damages shall not be effective until the final decision is
issued by the Administrative Review Board.
(d) The recommended decision of the administrative law judge shall
become the final order of the Secretary unless, pursuant to Sec. 24.8,
a petition for review is timely filed with the Administrative Review
Board.
