[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: 10CFR710.31]

[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. 710.31  Action by the Secretary.

    (a) Whenever an individual has not been afforded an opportunity to 
cross-examine witnesses who have furnished information adverse to the 
individual under the provisions of Secs. 710.26(l) or (o), or the 
opportunity to review and respond to the information provided by the 
Director, Office of Security Affairs, to the Secretary under 
Sec. 710.29(i), only the Secretary may issue a final decision to deny or 
revoke DOE access authorization for the individual after personally 
reviewing the administrative record and any additional material provided 
by the Director, Office of Security Affairs. The Secretary's authority 
may not be delegated and may be exercised only when the Secretary 
determines that the circumstances described in Sec. 710.26(l) or (o), or 
Sec. 710.29(i) are present, and such determination shall be final.
    (b) Whenever the Secretary issues a final decision as to the 
individual's DOE access authorization eligibility, the individual and 
other concerned parties will be notified in writing, by the Director, 
Office of Security Affairs, of that decision and of the Secretary's 
findings with respect to each of the allegations contained in the 
notification letter and each substantial issue identified in the 
statement in support of the request for review to the extent allowed by 
the national security.
    (c) Nothing contained in these procedures shall be deemed to limit 
or affect the responsibility and powers of the Secretary to issue 
subpoenas or to deny or revoke access to Restricted Data, national 
security information, or special nuclear material.
    (d) Only the Secretary may approve initial and subsequent requests 
under Sec. 710.29(h) by the Director, Office of Security Affairs, to 
defer the review of an individual's case by the Appeal Panel.

[66 FR 47066, Sept. 11, 2001]