500.268 Final decision of the Secretary.§ 500.268 Final decision of the Secretary. Link to an amendment published at 86 FR 1786, Jan. 11, 2021.
(a) The Secretary's final Decision and Order shall be issued within 120 days from the notice of intent granting the petition, except that in cases involving the review of an Administrative Law Judge decision in a certificate action as described in § 500.224(b), the Secretary's final decision shall be issued within ninety (90) days from the date such notice. The Secretary's Decision and Order shall be served upon all parties and the Chief Administrative Law Judge, in person or by certified mail.
(b) Upon receipt of an Order of the Secretary modifying or vacating the Decision and Order of an Administrative Law Judge, the Chief Administrative Law Judge shall substitute such Order for the Decision and Order of the Administrative Law Judge.[54 FR 13330, Mar. 31, 1989, as amended at 61 FR 24866, May 16, 1996]