[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: 10CFR710.21]

[Page 295]
 
                            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. 710.21  Notice to the individual.

    (a) Unless an extension is authorized by the Director, Office of 
Safeguards and Security, within 30 calendar days of receipt of authority 
to institute administrative review procedures, the Manager shall prepare 
and deliver to the individual a notification letter approved by the 
local Office of Chief Counsel, or the Office of General Counsel for 
Headquarters cases. Where practicable, the letter shall be delivered to 
the individual in person.
    (b) The letter shall state:
    (1) That reliable information in the possession of DOE has created a 
substantial doubt concerning the individual's eligibility for access 
authorization.
    (2) The information which creates a substantial doubt regarding the 
individual's access authorization eligibility (which shall be as 
comprehensive and detailed as the national security permits) and why 
that information creates such doubt.
    (3) That the individual has the option to have the substantial doubt 
regarding eligibility for access authorization resolved in one of two 
ways:
    (i) By the Manager, without a hearing, on the basis of the existing 
information in the case;
    (ii) By personal appearance before a Hearing Officer (a 
``hearing'').
    (4) That, if the individual desires a hearing, the individual must, 
within 20 calendar days of the date of receipt of the notification 
letter, indicate this in writing to the Manager from whom the letter was 
received.
    (5) That the individual may also file with the Manager the 
individual's written answer to the reported information which raises the 
question of the individual's eligibility for access authorization, and 
that, if the individual requests a hearing without filing a written 
answer, the request shall be deemed a general denial of all of the 
reported information.
    (6) That, if the individual so requests, a hearing will be scheduled 
before a Hearing Officer, with due regard for the convenience and 
necessity of the parties or their representatives, for the purpose of 
affording the individual an opportunity of supporting his eligibility 
for access authorization;
    (7) That, if a hearing is requested, the individual will have the 
right to appear personally before a Hearing Officer; to present evidence 
in his own behalf, through witnesses, or by documents, or both; and, 
subject to the limitations set forth in Sec. 710.26(g), to be present 
during the entire hearing and be accompanied, represented, and advised 
by counsel or representative of the individual's choosing and at the 
individual's own expense;
    (8) That the individual's failure to file a timely written request 
for a hearing before a Hearing Officer in accordance with paragraph 
(b)(4) of this section, unless time deadlines are extended for good 
cause, will be considered as a relinquishment by the individual of the 
right to a hearing provided in this subpart, and that in such event a 
final decision will be made by the Manager; and
    (9) That in any proceedings under this subpart DOE Counsel will be 
participating on behalf of and representing the Department of Energy, 
and that any statements made by the individual to DOE Counsel may be 
used in subsequent proceedings.
    (c) The notification letter referenced in paragraph (b) of this 
section shall also:
    (1) Describe the individual's access authorization status until 
further notice;
    (2) Advise the individual of the right to representation at the 
individual's own expense at each and every stage of the proceedings;
    (3) Provide the name and telephone number of the designated DOE 
official to contact for any further information desired concerning the 
proceedings, including an explanation of the individual's rights under 
the Freedom of Information and Privacy Acts; and
    (4) Include a copy of this subpart.

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

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