- (a) Timing. The ALJ must issue a recommended decision within 180 days after issuance of the docketing notice under § 4.1020(a)(3), unless the ALJ issues an order finding good cause to issue the recommended decision at a later date.
(b) Content.
(1) The recommended decision must contain all of the following:
- (i) Recommended findings of fact on all disputed issues of material fact;
(ii) Recommended conclusions of law:
- (A) Necessary to make the findings of fact (such as rulings on materiality and on the admissibility of evidence); and
- (B) As to whether the applicable criteria for Federal acknowledgment have been met; and
- (iii) Reasons for the findings and conclusions.
- (2) The ALJ may adopt any of the findings of fact proposed by one or more of the parties.
(c) Service. Promptly after issuing a recommended decision, the ALJ must:
- (1) Serve the recommended decision on each party to the hearing process; and
- (2) Forward the complete hearing record to the Assistant Secretary—Indian Affairs, including the recommended decision.