[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: 10CFR710.25]

[Page 296-297]
 
                            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. 710.25  Appointment of Hearing Officer; prehearing conference; commencement of hearings.

    (a) Upon receipt of a request for a hearing, the Manager shall in a 
timely manner transmit that request to the Office of Hearings and 
Appeals, and identify the DOE Counsel. The Manager shall at the same 
time transmit a copy of the notification letter and the individual's 
response to the Office of Hearings and Appeals.
    (b) Upon receipt of the hearing request from the Manager, the 
Director, Office of Hearings and Appeals, shall appoint, as soon as 
practicable, a Hearing Officer.
    (c) Immediately upon appointment of the Hearing Officer, the Office 
of Hearings and Appeals shall notify the individual and DOE Counsel of 
the Hearing Officer's identity and the address to

[[Page 297]]

which all further correspondence should be sent.
    (d) The Hearing Officer shall have all powers necessary to regulate 
the conduct of proceedings under this subpart, including, but not 
limited to, establishing a list of persons to receive service of papers, 
issuing subpoenas for witnesses to attend the hearing or for the 
production of specific documents or other physical evidence, 
administering oaths and affirmations, ruling upon motions, receiving 
evidence, regulating the course of the hearing, disposing of procedural 
requests or similar matters, and taking other actions consistent with 
the regulations in this subpart. Requests for subpoenas shall be 
liberally granted except where the Hearing Officer finds that the grant 
of subpoenas would clearly result in evidence or testimony that is 
repetitious, incompetent, irrelevant, or immaterial to the issues in the 
case. The Hearing Officer may take sworn testimony, sequester witnesses, 
and control the dissemination or reproduction of any record or testimony 
taken pursuant to this part, including correspondence, or other relevant 
records or tangible evidence including, but not limited to, information 
retained in computerized or other automated systems in possession of the 
subpoenaed person.
    (e) The Hearing Officer will determine the day, time, and place for 
the hearing. Hearings will normally be held at or near the appropriate 
DOE facility, unless the Hearing Officer determines that another 
location would be more appropriate. Normally the location for the 
hearing will be selected for the convenience of all participants. In the 
event the individual fails to appear at the time and place specified, 
the record in the case shall be closed and returned to the Manager, who 
will then make a final determination regarding the eligibility of the 
individual for DOE access authorization.
    (f) At least 7 calendar days prior to the date scheduled for the 
hearing, the Hearing Officer will convene a prehearing conference for 
the purpose of discussing stipulations and exhibits, identifying 
witnesses, and disposing of other appropriate matters. The conference 
will usually be conducted by telephone.
    (g) Hearings shall commence within 90 calendar days from the date 
the individual's request for hearing is received by the Office of 
Hearings and Appeals. Any extension of the hearing date past 90 calendar 
days from the date the request for hearing is received by the Office of 
Hearings and Appeals shall be approved by the Director, Office of 
Hearings and Appeals.