I am sorry, but you need to review the rules. If you go further up, it explains what the ALJ's role is and that their purpose is to review the DOE's findings and recommendations. Then, allow the company to present any evidence that they have. This would have also already been presented to the DOE prior to issuing a recommendation, in theory. Once the ALJ deliberates over this and requests any additional information, an initial decision is rendered. This is the final decision if there is no review requested. But in the interim, this decision is the decision on record unless the review board revises it. Really, it is a very simple process that we use in almost all litigation and mediation. In both instances, someone has to make a decision. Once that decision is made, it is binding unless there is an appeal. Now, as I have said before, the SEC is not a court of law. These proceedings have more in common with corporate internal proceedings or mediation hearings. The mediator, assigned adjudicator, or arbitrator, whatever you will call them, make the decision between the parties. If this does not settle the matter, it will proceed to a court of law.
The last actionable decision is that of the ALJ. The DOE has zero ability to levy decisions, only a recommendation. This is not disputable.
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