[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: 10CFR710.30]

[Page 303]
 
                            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. 710.30  New evidence.

    (a) In the event of the discovery of new evidence relevant to the 
allegations contained in the notification letter prior to final decision 
of the individual's eligibility for access authorization, such evidence 
shall be submitted by the offering party to the Director, Office of 
Safeguards and Security. DOE Counsel shall notify the individual of any 
new evidence submitted by DOE.
    (b) The Director, Office of Safeguards and Security, shall:
    (1) Refer the matter to the Hearing Officer appointed in the 
individual's case if the Hearing Officer has not yet issued a decision. 
The Hearing Officer receiving the application for the presentation of 
new evidence shall determine the appropriate form in which any new 
evidence, and the other party's response, shall be received, e.g., by 
testimony before the Hearing Officer, by deposition or by affidavit.
    (2) In those cases where the Hearing Officer's decision has been 
issued, the application for presentation of new evidence shall be 
referred to the Director, Office of Security Affairs. In the event that 
the Director, Office of Security Affairs, determines that the new 
evidence shall be received, he shall determine the form in which it, and 
the other party's response, shall be received.
    (c) When new evidence submitted by either party is received into the 
record, the opposing party shall be afforded the opportunity to cross-
examine the source of the new information or to submit a written 
response, unless the information is subject to the exceptions in 
Sec. 710.26 (l) or (o).

[59 FR 35185, July 8, 1994. Redesignated and amended at 66 FR 47065, 
47066, Sept. 11, 2001]