[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: 10CFR710.27]

[Page 299-300]
 
                            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. 710.27  Hearing Officer's decision.

    (a) The Hearing Officer shall carefully consider the record in view 
of the standards set forth herein and shall render a decision as to 
whether the grant or restoration of access authorization to the 
individual would not endanger the common defense and security and would 
be clearly consistent

[[Page 300]]

with the national interest. In resolving a question concerning the 
eligibility of an individual for access authorization under these 
procedures, the Hearing Officer shall consider the factors stated in 
paragraph 710.7(c) to determine whether the findings will be adverse or 
favorable.
    (b) In reaching the findings, the Hearing Officer shall consider the 
demeanor of the witnesses who have testified at the hearing, the 
probability or likelihood of the truth of their testimony, their 
credibility, and the authenticity and accuracy of documentary evidence, 
or lack of evidence on any material points in issue. If the individual 
is, or may be, handicapped by the non-disclosure to the individual of 
confidential information or by lack of opportunity to cross-examine 
confidential informants, the Hearing Officer shall take that fact into 
consideration. Possible impact of the loss of the individual's access 
authorization upon the DOE program shall not be considered by the 
Hearing Officer.
    (c) The Hearing Officer shall make specific findings based upon the 
record as to the validity of each of the allegations contained in the 
notification letter and the significance which the Hearing Officer 
attaches to such valid allegations. These findings shall be supported 
fully by a statement of reasons which constitute the basis for such 
findings.
    (d) The Hearing Officer's decision shall be based on the Hearing 
Officer's findings of fact. If, after considering all of the factors in 
light of the criteria set forth in this subpart, the Hearing Officer is 
of the opinion that it will not endanger the common defense and security 
and will be clearly consistent with the national interest to grant or 
reinstate access authorization for the individual, the Hearing Officer 
shall render a favorable decision; otherwise, the Hearing Officer shall 
render an unfavorable decision. Within 15 calendar days of the Hearing 
Officer's written decision, the Hearing Officer shall provide copies of 
the decision and the administrative record to the Manager and the 
Director, Office of Safeguards and Security.

[59 FR 35185, July 8, 1994, as amended at 66 FR 47065, Sept. 11, 2001]