(a) After considering the Administrative Law Judge's recommended
decision and order, the record, and any exceptions filed, the Assistant
Secretary shall issue his decision affirming or reversing the
Administrative Law Judge, in whole, or in part, or making such other
disposition of the matter as he deems appropriate: Provided, however,
That unless exceptions are filed which are timely and in accordance with
Sec. 458.89, the Assistant Secretary may, at his discretion, adopt
without discussion the recommended decision and order of the
Administrative Law Judge, in which event the findings, conclusions, and
recommendations of the Administrative Law Judge, as contained in his
recommended decision and order, shall, upon appropriate notice to the
parties, automatically become the decision of the Assistant Secretary.
(b) Upon finding a violation of the CSRA, FSA or this part, the
Assistant Secretary may order the respondent to cease and desist from
such violative conduct and may require the respondent to take such
affirmative action as he deems appropriate to effectuate the policies of
the CSRA or FSA.
(c) Upon finding no violation of the CSRA, FSA or this part, the
Assistant Secretary shall dismiss the complaint.
[45 FR 15158, Mar. 7, 1980. Redesignated and amended at 50 FR 31311,
Aug. 1, 1985]
