[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: 10CFR710.32]

[Page 303-304]
 
                            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. 710.32  Reconsideration of access eligibility.

    (a) If, pursuant to the procedures set forth in Secs. 710.20 through 
710.31 the Manager, Hearing Officer, Appeal Panel, or the Secretary has 
made a decision granting or reinstating access authorization for an 
individual, the individual's access authorization eligibility shall be 
reconsidered as a new administrative review under the procedures set 
forth in this subpart when previously unconsidered derogatory 
information is identified, or the individual violates a commitment or 
promise upon which the DOE previously relied to favorably resolve an 
issue of access authorization eligibility.
    (b) If, pursuant to the procedures set forth in Secs. 710.20 through 
710.31 the

[[Page 304]]

Manager, Hearing Officer, Appeal Panel, or the Secretary has made a 
decision denying or revoking access authorization for the individual, 
the individual's access authorization eligibility may be reconsidered 
only when the individual so requests, when there is a bona fide offer of 
employment requiring access to Restricted Data, national security 
information, or special nuclear material, and when there is either:
    (1) Material and relevant new evidence which the individual and the 
individual's representatives are without fault in failing to present 
earlier, or
    (2) Convincing evidence of rehabilitation or reformation.
    (c) A request for reconsideration shall be submitted in writing to 
the Director, Office of Security Affairs, accompanied by an affidavit 
setting forth in detail the new evidence or evidence of rehabilitation 
or reformation. If the Director, Office of Security Affairs, determines 
that the regulatory requirements for reconsideration have been met, the 
Director shall notify the individual that the individual's access 
authorization shall be reconsidered in accordance with established 
procedures for determining eligibility for access authorizations.
    (d) If the individual's access authorization is not reinstated 
following reconsideration, the individual shall be advised by the 
Director, Office of Safeguards and Security, in writing:
    (1) Of the unfavorable action and the reason(s) therefor; and
    (2) That within 30 calendar days from the date of receipt of the 
notification, he may file, through the Director, Office of Safeguards 
and Security, DOE Headquarters, a written request for a review of the 
decision by the Appeal Panel, in accordance with Sec. 710.29.

[66 FR 47066, Sept. 11, 2001]

                              Miscellaneous