410.693—Decision by hearing officer.
(a) General.
As soon as practicable after the close of the hearing, the hearing officer shall issue a decision (or certify the case with a recommended decision to the Appeals Council for decision under the rules and procedures described in §§ 410.657 through 410.659) which shall be in writing and contain findings of fact and conclusions of law. The decision shall be based upon the evidence of record. If the hearing officer finds that the charges have been sustained, he shall either:
(1)
Suspend the individual for a specified period of not less than 1 year, nor more than 5 years, from the date of the decision, or
(2)
Disqualify the individual from further practice before the Administration until such time as the individual may be reinstated under § 410.699.
A copy of the decision shall be mailed to the individual charged at his last known address and to the Deputy Commissioner for Programs and Policy, or his or her designee, together with notice of the right of either party to request the Appeals Council to review the decision of the hearing officer.
(b) Effect of hearing officer's decision.
The hearing officer's decision shall be final and binding unless reversed or modified by the Appeals Council upon review (see § 410.697 ).
(1)
If the final decision is that the individual is disqualified from practice before the Administration, he shall not be permitted to represent an individual in a proceeding before the Administration until authorized to do so under the provisions of § 410.699.
(2)
If the final decision suspends the individual for a specified period of time, he shall not be permitted to represent an individual in a proceeding before the Administration during the period of suspension unless authorized to do so under the provisions of § 410.699.