49 CFR §98.11
The final administrative decision under this part shall be:
- (a)The decision of the examiner under § 98.8(b), if there is no appeal under § 98.10;
- (b)The decision by the examiner under § 98.9, if a hearing is waived or is deemed to have been waived and there is no appeal under § 98.10; or
- (c)The decision of the Secretary on an appeal under § 98.10.