[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR710.10]

[Page 294]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 710--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO CLASSIFIED MATTER OR SPECIAL NUCLEAR MATERIAL--Table of Contents
 
 Subpart A--General Criteria and Procedures for Determining Eligibility 
       for Access to Classified Matter or Special Nuclear Material
 
Sec. 710.10  Suspension of access authorization.

    (a) If information is received that raises a question concerning an 
individual's continued access authorization eligibility, the Local 
Director of Security shall authorize action(s), to be taken on an 
expedited basis, to resolve the question pursuant to Sec. 710.9(b). If 
the question as to the individual's continued access authorization 
eligibility is not resolved in favor of the individual, the Local 
Director of Security shall submit the matter to the Manager with a 
recommendation that the individual's access authorization be suspended 
pending the final determination resulting from the procedures in this 
subpart.
    (b) Within two working days of receipt of the recommendation from 
the Local Director of Security to suspend the individual's DOE access 
authorization, the Manager shall review the matter and authorize 
continuation or suspension of access authorization. The access 
authorization of an individual shall not be suspended except by the 
direction of the Manager. This authority to suspend access authorization 
may not be delegated but may be exercised by a person who has been 
designated in writing as Acting Manager.
    (c) Upon suspension of an individual's access authorization pursuant 
to paragraph (b) of this section, the individual, the individual's 
employer, any other DOE Operations Office having an access authorization 
interest in the individual, and, if known, any other government agency 
where the individual holds an access authorization, security clearance, 
or access approval, or to which the DOE has certified the individual's 
DOE access authorization, shall be notified immediately. The Central 
Personnel Clearance Index shall also be updated. Notification to the 
individual shall be made in writing and shall reflect, in general terms, 
the reason(s) why the suspension has been effected. Pending final 
determination of the individual's eligibility for access authorization 
from the operation of the procedures provided in this subpart, the 
individual shall not be afforded access to classified matter, special 
nuclear material, or unescorted access to security areas that require 
the individual to possess a DOE access authorization.
    (d) Following the decision to suspend an individual's DOE access 
authorization, the Manager shall immediately notify the Director, Office 
of Safeguards and Security, of the action and the reason(s) therefore. 
In addition, the Manager, within 10 calendar days of the date of 
suspension, shall notify the Director, Office of Safeguards and 
Security, of his proposal to conduct an administrative review 
proceeding, accompanied by an explanation of its basis and a duplicate 
Personnel Security File.
    (e) Upon receipt of the Manager's notification, the Director, Office 
of Safeguards and Security, shall review the matter and confer with the 
Manager on:
    (1) The institution of administrative review procedures set forth in 
Secs. 710.20 through 710.32;
    (2) The reinstatement of access authorization; or
    (3) Other actions as the Director deems appropriate.
    (f) The Director, Office of Safeguards and Security, shall act 
pursuant to one of these options within 30 calendar days of the receipt 
of the Manager's notification unless an extension is granted by the 
Director, Office of Security Affairs.

[59 FR 35185, July 8, 1994, as amended at 66 FR 47064, Sept. 11, 2001]

                          Administrative Review