[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