Within 45 days after publication of a notice of investigation, the presiding Administrative Law Judge sets a target date for completion of the investigation.16 The Judge issues a decision on the merits of the case, called an "Initial Determination," no later than four (4) months prior to the target date.17 Journalists and other non-parties to an investigation should note that the Administrative Law Judges' decisions typically contain confidential business information, and thus are not available for public inspection on the date filed. Public versions of these decisions (with the confidential information redacted) are available for inspection at Docket Services and via the Commission’s website shortly after the date that the original confidential version is filed.
The Administrative Law Judge's Initial Determination is subject to review by the Commission, as discussed below in Question and Answer No. 19.
16 Target dates of 16 months or less are set by the Judge’s order. If the Judge seeks to establish
a longer target date, the Judge must issue an Initial Determination that is subject to review by the
Commission.
17 Initial Determinations regarding violation of Section 337 typically contain an opinion,
findings of fact, and conclusions of law.