[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: 10CFR710.28]

[Page 300-301]
 
                            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. 710.28  Action on the Hearing Officer's decision.

    (a) Within 10 calendar days of receipt of the decision and the 
administrative record, unless an extension of time is granted by the 
Director, Office of Safeguards and Security, the Manager shall:
    (1) Notify the individual in writing of the Hearing Officer's 
decision;
    (2) Advise the individual in writing of the appeal procedures 
available to the individual in paragraph (b) of this section if the 
decision is unfavorable to the individual;
    (3) Advise the individual in writing of the appeal procedures 
available to the Manager and the Director, Office of Safeguards and 
Security, in paragraph (c) of this section if the decision is favorable 
to the individual; and,
    (4) Provide the individual and/or counsel or representative, a copy 
of the Hearing Officer's decision and the administrative record.
    (b) If the Hearing Officer's decision is unfavorable to the 
individual:
    (1) The individual may file with the Director, Office of Safeguards 
and Security, a written request for further review of the decision by 
the Appeal Panel along with a statement required by paragraph (e) of 
this section within 30 calendar days of the individual's receipt of the 
Manager's notice;
    (2) The Director, Office of Safeguards and Security may, for good 
cause shown, extend the time for filing a request for further review of 
the decision by the Appeal Panel at the written request of the 
individual provided the request for an extension of time is filed by the 
individual within 30 calendar days of receipt of the Manager's notice;
    (3) The Hearing Officer's decision shall be considered final if the 
individual does not: file a written request for a review of the decision 
by the Appeal Panel or for an extension of time to file a written 
request for further review of the decision by the Appeal Panel in 
accordance with paragraphs (b)(1) or (b)(2) of this section; or, file a 
written request for a further review of the decision by the Appeal Panel 
after having been granted an extension of time to do so.
    (c) If the Hearing Officer's decision is favorable to the 
individual, within 30

[[Page 301]]

calendar days of the individual's receipt of the Manager's notice:
    (1) The Manager or the Director, Office of Safeguards and Security, 
may file a written request for further review of the decision by the 
Appeal Panel along with the statement required by paragraph (e) of this 
section;
    (2) The Director, Office of Security Affairs, may, at the written 
request of the Manager or Director, Office of Safeguards and Security, 
extend the time for filing a request for further review of the decision 
by the Appeal Panel; or
    (3) The Manager, with the concurrence of the Director, Office of 
Safeguards and Security, shall grant or reinstate the individual's 
access authorization.
    (d) A copy of any request for further review of the individual's 
case by the Appeal Panel filed by the Manager or the Director, Office of 
Safeguards and Security, shall be provided to the individual by the 
Manager.
    (e) The party filing a request for review of the individual's case 
by the Appeal Panel shall include with the request a statement 
identifying the issues on which it wishes the Appeal Panel to focus. A 
copy of such statement shall be served on the other party, who may file 
a response with the Appeal Panel within 20 calendar days of receipt of 
the statement.

[66 FR 47065, Sept. 11, 2001]