[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: 10CFR710.22]

[Page 296]
 
                            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. 710.22  Initial decision process.

    (a) The Manager shall make an initial decision as to the 
individual's access authorization eligibility based on the existing 
information in the case if:
    (1) The individual fails to respond to the notification letter by 
filing a timely written request for a hearing before a Hearing Officer 
or fails to respond to the notification letter after requesting an 
extension of time to do so;
    (2) The individual's response to the notification letter does not 
request a hearing before a Hearing Officer; or
    (3) The Hearing Officer refers the individual's case to the Manager 
in accordance with Sec. 710.25(e) or Sec. 710.26(b).
    (b) Unless an extension of time is granted by the Director, Office 
of Safeguards and Security, the Manager's initial decision as to the 
individual's access authorization eligibility shall be made within 15 
calendar days of the date of receipt of the information in paragraph (a) 
of this section. The Manager shall either grant or deny, or reinstate or 
revoke, the individual's access authorization.
    (c) A letter reflecting the Manager's initial decision in the 
individual's case shall be signed by the Manager and delivered to the 
individual within 15 calendar days of the date of the Manager's decision 
unless an extension of time is granted by the Director, Office of 
Safeguards and Security. If the Manager's initial decision is 
unfavorable to the individual, the individual shall be advised:
    (1) Of the Manager's unfavorable decision and the reason(s) 
therefor;
    (2) That within 30 calendar days from the date of receipt of the 
letter, he may file a written request for a review of the Manager's 
initial decision through the Director, Office of Safeguards and 
Security, DOE Headquarters, to the DOE Headquarters Appeal Panel 
(hereafter referred to as the ``Appeal Panel'');
    (3) That the Director, Office of Safeguards and Security, may, for 
good cause shown, at the written request of the individual, extend the 
time for filing a written request for a review of the case by the Appeal 
Panel; and
    (4) That if the written request for a review of the Manager's 
initial decision by the Appeal Panel is not filed within 30 calendar 
days of the individual's receipt of the Manager's letter, the Manager's 
initial decision in the case shall be final.

[66 FR 47064, Sept. 11, 2001]