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Current Code of Federal Regulations (eCFR) — the actual text of federal regulations in force. Covers 19 CFR titles with 123,000+ regulatory sections and full-text search.

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section_id ▼	title_number	title_name	chapter	part_number	part_name	subpart	subpart_name	section_heading	agency	amendment_citations	full_text
10:10:1.0.1.1.1.1.8.1	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	A	Subpart A—Introduction	§ 1.1 Creation and authority.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 56 FR 29407, June 27, 1991]	(a) The Nuclear Regulatory Commission was established by the Energy Reorganization Act of 1974, as amended, Pub. L. 93-438, 88 Stat. 1233 (42 U.S.C. 5801 et seq. ). This Act abolished the Atomic Energy Commission and, by section 201, transferred to the Nuclear Regulatory Commission all the licensing and related regulatory functions assigned to the Atomic Energy Commission by the Atomic Energy Act of 1954, as amended, Pub. L. 83-703, 68 Stat. 919 (42 U.S.C. 2011 et seq. ). These functions included those of the Atomic Safety and Licensing Board Panel. The Energy Reorganization Act became effective January 19, 1975 (E.O. 11834). (b) As used in this part: Commission means the five members of the Nuclear Regulatory Commission or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974, as amended. NRC means the Nuclear Regulatory Commission, the agency established by title II of the Energy Reorganization Act of 1974, as amended, comprising the members of the Commission and all offices, employees, and representatives authorized to act in any case or matter.
10:10:1.0.1.1.1.1.8.2	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	A	Subpart A—Introduction	§ 1.3 Sources of additional information.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 53 FR 43419, Oct. 27, 1988; 53 FR 52993, Dec. 30, 1988; 54 FR 53313, Dec. 28, 1989; 57 FR 1639, Jan. 15, 1992; 63 FR 15740, Apr. 1, 1998; 64 FR 48947, Sept. 9, 1999; 67 FR 67097, Nov. 4, 2002; 70 FR 69421, Nov. 16, 2005; 79 FR 75737, Dec. 19, 2014; 80 FR 45842, Aug. 3, 2015; 80 FR 74977, Dec. 1, 2015]	(a) A statement of the NRC's organization, policies, procedures, assignments of responsibility, and delegations of authority is in the Nuclear Regulatory Commission Management Directives System and other NRC issuances, including local directives issued by Regional Offices. Letters and memoranda containing directives, delegations of authority and the like are also issued from time to time and may not yet be incorporated into the Management Directives System, parts of which are revised as necessary. Copies of the Management Directives System and other delegations of authority are available for public inspection and copying for a fee at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738, and at each of NRC's Regional Offices. Information may also be obtained from the Office of Public Affairs or from Public Affairs Officers at the Regional Offices. (b) Commission meetings are open to the public, as provided by the Government in the Sunshine Act, unless they fall within an exemption to the Act's openness requirement and the Commission also has determined that the public interest requires that those particular meetings be closed. Information concerning Commission meetings may be obtained from the Office of the Secretary. (c) Information regarding the availability of NRC records under the Freedom of Information Act and Privacy Act of 1974 may be obtained from the Office of the Chief Information Officer. NRC's regulations are published in the Federal Register and codified in Title 10, Chapter 1, of the Code of Federal Regulations. They may be viewed electronically at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. Final opinions made in the adjudication of cases are published in “Nuclear Regulatory Commission Issuances,” and are available on a subscription basis from the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312.
10:10:1.0.1.1.1.1.8.3	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	A	Subpart A—Introduction	§ 1.5 Location of principal offices and regional offices.	NRC	[67 FR 67097, Nov. 4, 2002; 67 FR 70835, Nov. 27, 2002, as amended at 67 FR 77652, Dec. 19, 2002; 68 FR 75389, Dec. 31, 2003; 70 FR 69421, Nov. 16, 2005; 71 FR 15007, Mar. 27, 2006; 72 FR 49148, Aug. 28, 2007; 73 FR 5711, Jan. 31, 2008; 73 FR 30457, May 28, 2008; 75 FR 21980, Apr. 27, 2010; 76 FR 72084, Nov. 22, 2011; 77 FR 39903, July 6, 2012; 79 FR 75757, Dec. 19, 2014; 87 FR 20696, Apr. 8, 2022]	(a) The principal NRC offices are located in the Washington, DC, area. Facilities for the service of process and documents are maintained in the State of Maryland at 11555 Rockville Pike, Rockville, Maryland 20852-2738. The agency's official mailing address is U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The locations of NRC offices in the Washington, DC, area are as follows: (1) One White Flint North Building, 11555 Rockville Pike, Rockville, Maryland 20852-2738. (2) Two White Flint North Building, 11545 Rockville Pike, Rockville, Maryland 20852-2738. (3) Three White Flint North Building, 11601 Landsdown Street, North Bethesda, Maryland 20852. (b) The addresses of the NRC Regional Offices are as follows: (1) Region I, U.S. NRC, 475 Allendale Road, Suite 102, King of Prussia, PA 19406-1415. (2) Region II, USNRC, 245 Peachtree Center Avenue, NE., Suite 1200, Atlanta, GA 30303-1257. (3) Region III, USNRC, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352. (4) Region IV, US NRC, 1600 E. Lamar Blvd., Arlington, TX 76011-4511.
10:10:1.0.1.1.1.2.10.10	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.26 [Reserved]	NRC
10:10:1.0.1.1.1.2.10.11	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.27 Office of Congressional Affairs.	NRC	[57 FR 1639, Jan. 15, 1992]	The Office of Congressional Affairs— (a) Advises the Chairman, the Commission, and NRC staff on all NRC relations with Congress and the views of Congress toward NRC policies, plans and activities; (b) Maintains liaison with Congressional committees and members of Congress on matters of interest to NRC; (c) Serves as primary contact point for all NRC communications with Congress; (d) Coordinates NRC internal activities with Congress; (e) Plans, develops, and manages NRC's legislative programs; and (f) Monitors legislative proposals, bills, and hearings.
10:10:1.0.1.1.1.2.10.12	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.28 Office of Public Affairs.	NRC	[57 FR 1639, Jan. 15, 1992]	The Office of Public Affairs— (a) Develops policies, programs, and procedures for the Chairman's approval for informing the public of NRC activities; (b) Prepares, clears, and disseminates information to the public and the news media concerning NRC policies, programs, and activities; (c) Keeps NRC management informed on media coverage of activities of interest to the agency; (d) Plans, directs, and coordinates the activities of public information staffs located at Regional Offices; (e) Conducts a cooperative program with schools; and (f) Carries out assigned activities in the area of consumer affairs.
10:10:1.0.1.1.1.2.10.13	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.29 Office of International Programs.	NRC	[57 FR 1639, Jan. 15, 1992]	The Office of International Programs— (a) Advises the Chairman, the Commission, and NRC staff on international issues; (b) Recommends policies concerning nuclear exports and imports, international safeguards, international physical security, nonproliferation matters, and international cooperation and assistance in nuclear safety and radiation protection; (c) Plans, develops, and manages international nuclear safety information exchange programs and coordinates international research agreements; (d) Obtains, evaluates, and uses pertinent information from other NRC and U.S. Government offices in processing nuclear export and import license applications; (e) Establishes and maintains working relationships with individual countries and international nuclear organizations, as well as other involved U.S. Government agencies; and (f) Assures that all international activities carried out by the Commission and staff are well coordinated internally and Government-wide and are consistent with NRC and U.S. policies.
10:10:1.0.1.1.1.2.10.7	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.23 Office of the General Counsel.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 56 FR 29407, June 27, 1991; 65 FR 59272, Oct. 4, 2000]	The Office of the General Counsel, established pursuant to section 25 of the Atomic Energy Act of 1954, as amended— (a) Directs matters of law and legal policy, providing opinions, advice, and assistance to the agency with respect to all of its activities; (b) Reviews and prepares appropriate draft Commission decisions on public petitions seeking direct Commission action and rulemaking proceedings involving hearings, monitors cases pending before presiding officers and reviews draft Commission decisions on Atomic Safety and Licensing Board decisions and rulings; (c) Provides interpretation of laws, regulations, and other sources of authority; (d) Reviews the legal form and content of proposed official actions; (e) As requested, provides the agency with legal advice and opinions on acquisition matters, including agency procurement contracts; placement of work at Department of Energy national laboratories; interagency agreements to acquire supplies and services; and grants and cooperative agreements. Prepares or concurs in all other interagency agreements, delegations of authority, regulations; orders; licenses; and other legal documents and prepares legal interpretations thereof; (f) Reviews and directs intellectual property (patent) work; (g) Represents and protects the interests of the NRC in legal matters and in court proceedings, and in relation to other government agencies, administrative bodies, committees of Congress, foreign governments, and members of the public; and (h) Represents the NRC staff as a party in NRC administrative hearings.
10:10:1.0.1.1.1.2.10.8	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.24 Office of Commission Appellate Adjudication.	NRC	[56 FR 29407, June 27, 1991]	The Office of Commission Appellate Adjudication— (a) Monitors cases pending before presiding officers; (b) Provides the Commission with an analysis of any adjudicatory matter requiring a Commission decision (e.g., petitions for review, certified questions, stay requests) including available options; (c) Drafts any necessary decisions pursuant to the Commission's guidance after presentation of options; and (d) Consults with the Office of the General Counsel in identifying the options to be presented to the Commission and in drafting the final decision to be presented to the Commission.
10:10:1.0.1.1.1.2.10.9	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.25 Office of the Secretary of the Commission.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 63 FR 15741, Apr. 1, 1998; 69 FR 2233, Jan. 14, 2004]	The Office of the Secretary of the Commission— (a) Provides general management services to support the Commission and to implement Commission decisions; and advises and assists the Commission and staff on the planning, scheduling, and conduct of Commission business including preparation of internal procedures; (b) Prepares the Commission's meeting agenda; (c) Manages the Commission Staff Paper and COMSECY systems; (d) Receives, processes, and controls Commission mail, communications, and correspondence; (e) Maintains the Commission's official records and acts as Freedom of Information administrative coordinator for Commission records; (f) Codifies Commission decisions in memoranda directing staff action and monitors compliance; (g) Receives, processes, and controls motions and pleadings filed with the Commission; issues and serves adjudicatory orders on behalf of the Commission; receives and distributes public comments in rulemaking proceedings; issues proposed and final rules on behalf of the Commission; maintains the official adjudicatory and rulemaking dockets of the Commission; and exercises responsibilities delegated to the Secretary in 10 CFR 2.303 and 2.346; (h) Administers the NRC Historical Program; (i) Integrates office automation initiatives into the Commission's administrative system; (j) Functions as the NRC Federal Advisory Committee Management Officer; and (k) Provides guidance and direction on the use of the NRC seal and flag.
10:10:1.0.1.1.1.2.11.14	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.31 Office of the Chief Financial Officer.	NRC	[63 FR 15741, Apr. 1, 1998]	The Office of the Chief Financial Officer— (a) Oversees all financial management activities relating to NRC's programs and operations and provides advice to the Chairman on financial management matters; (b) Develops and transmits the NRC's budget estimates to the Office of Management and Budget (OMB) and Congress; (c) Establishes financial management policy including accounting principles and standards for the agency and provides policy guidance to senior managers on the budget and all other financial management activities; (d) Provides an agencywide management control program for financial and program managers that establishes internal control processes and provides for timely corrective actions regarding material weaknesses that are disclosed to comply with the Federal Manager's Financial Integrity Act of 1982; (e) Develops and manages an agencywide planning, budgeting, and performance management process; (f) Develops and maintains an integrated agency accounting and financial management system, including an accounting system, and financial reporting and internal controls; (g) Directs, manages, and provides policy guidance and oversight of agency financial management personnel activities and operations; (h) Prepares and transmits an annual financial management report to the Chairman and the Director, Office of Management and Budget, including an audited financial statement; (i) Monitors the financial execution of NRC's budget in relation to actual expenditures, controls the use of NRC funds to ensure that they are expended in accordance with applicable laws and financial management principles, and prepares and submits to the Chairman timely cost and performance reports; (j) Establishes, maintains, and oversees the implementation of license fee polices and regulations; and (k) Reviews, on a periodic basis, fees and other charges imposed by NRC for services provided and makes recommendations for revising those charges, as appropriate.
10:10:1.0.1.1.1.2.12.15	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.32 Office of the Executive Director for Operations.	NRC	[54 FR 53314, Dec. 28, 1989, as amended at 59 FR 63882, Dec. 12, 1994. Redesignated and amended at 63 FR 15741, Apr. 1, 1998; 67 FR 3585, Jan. 25, 2002; 70 FR 69421, Nov. 16, 2005; 73 FR 5711, Jan. 31, 2008; 78 FR 34247, June 7, 2013; 79 FR 75737, Dec. 19, 2014; 80 FR 74978, Dec. 1, 2015; 84 FR 65643, Nov. 29, 2019]	(a) The Executive Director for Operations (EDO) reports for all matters to the Chairman, and is subject to the supervision and direction of the Chairman as provided in Reorganization Plan No. 1 of 1980. (b) The EDO supervises and coordinates policy development and operational activities in the following offices: The Office of Nuclear Reactor Regulation, the Office of Nuclear Material Safety and Safeguards, the Office of Nuclear Regulatory Research, the Office of Nuclear Security and Incident Response, and the NRC Regional Offices; and the following staff offices: The Office of Enforcement, the Office of Administration, the Office of the Chief Information Officer, the Office of Investigations, the Office of Small Business and Civil Rights, the Office of the Chief Human Capital Officer, and other organizational units as shall be assigned by the Commission. The EDO is also responsible for implementing the Commission's policy directives pertaining to these offices. (c) The EDO exercises powers and functions delegated to the EDO under the Reorganization Plan No. 1 of 1980, this chapter, or otherwise by the Commission or Chairman, as appropriate. The EDO has the authority to perform any function that may be performed by an office director reporting to the EDO.
10:10:1.0.1.1.1.2.13.16	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.33 Office of Enforcement.	NRC	[70 FR 69422, Nov. 16, 2005]	The Office of Enforcement— (a) Develops policies and programs for enforcement of NRC requirements; (b) Manages major enforcement action; (c) Assesses the effectiveness and uniformity of Regional enforcement actions; and (d) Manages the NRC allegation program.
10:10:1.0.1.1.1.2.13.17	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.34 Office of Administration.	NRC	[63 FR 15741, Apr. 1, 1998, as amended at 70 FR 69422, Nov. 16, 2005; 83 FR 30287, June 28, 2018]	The Office of Administration— (a) Develops and implements agencywide contracting policies and procedures; (b) Develops policies and procedures and manages the operation and maintenance of NRC offices, facilities, and equipment; (c) Plans, develops, establishes, and administers policies, standards, and procedures for the overall NRC security program; and (d) Manages the NRC Management Directives Program and provides translation services.
10:10:1.0.1.1.1.2.13.18	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.35 Office of the Chief Information Officer.	NRC	[70 FR 69422, Nov. 16, 2005, as amended at 80 FR 74978, Dec. 1, 2015]	The Office of the Chief Information Officer— (a) Plans, directs, and oversees the NRC's information resources, including technology infrastructure and delivery of information management services, to meet the mission and goals of the agency; (b) Provides principal advice to the Chairman to ensure that information technology (IT) is acquired and information resources across the agency are managed in a manner consistent with Federal information resources management (IRM) laws and regulations; (c) Assists senior management in recognizing where information technology can add value while improving NRC operations and service delivery; (d) Directs the implementation of a sound and integrated IT architecture to achieve NRC's strategic and IRM goals; (e) Monitors and evaluates the performance of information technology and information management programs based on applicable performance measures and assesses the adequacy of IRM skills of the agency; (f) Provides guidance and oversight for the selection, control and evaluation of information technology investments; (g) Provides oversight and quality assurance for the design and operation of the Licensing Support Network (LSN) services and for the completeness and integrity of the LSN database, ensures that the LSN meets the requirements of 10 CFR part 2, subpart J, concerning the use of the LSN in the Commission's high-level waste licensing proceedings, and provides technical oversight of DOE in the design, development, and operation of the LSN; and (h) Plans, recommends, and oversees the NRC's Information Technology (IT) Security Program consistent with applicable laws, regulations, management initiatives, and policies; (i) Provides principal advice to the NRC on the infrastructure, as well as the programmatic and administrative aspects of cybersecurity; (j) Establishes NRC-wide cybersecurity guidelines; (k) Guides security process maturity, as well as formulating and overseeing the cybersecurity program budget; and (l) Ensures NRC-wide integration, direction, an…
10:10:1.0.1.1.1.2.13.19	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.36 Office of Investigations.	NRC	[54 FR 53315, Dec. 28, 1989]	The Office of Investigations (OI)— (a) Conducts investigations of licensees, applicants, their contractors or vendors, including the investigation of all allegations of wrongdoing by other than NRC employees and contractors; (b) Maintains current awareness of inquiries and inspections by other NRC offices to identify the need for formal investigations; (c) Makes appropriate referrals to the Department of Justice; (d) Maintains liaison with other agencies and organizations to ensure the timely exchange of information of mutual interest; and (e) Issues subpoenas where necessary or appropriate for the conduct of investigations.
10:10:1.0.1.1.1.2.13.20	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.37 Office of Small Business and Civil Rights.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 59 FR 63882, Dec. 12, 1994]	The Office of Small Business and Civil Rights— (a) Develops and implements an effective small and disadvantaged business program in accordance with the Small Business Act, as amended, and plans and implements NRC policies and programs relating to equal employment oppportunity and civil rights matters as required by the Equal Employment Opportunity Commission (EEOC) and the Office of Personnel Management (OPM); (b) Ensures that appropriate consideration is given to Labor Surplus Area firms and Women Business Enterprises, and conducts an outreach program aimed at contractors desiring to do business with NRC; (c) Maintains liaison with other Government agencies and trade associations; (d) Coordinates efforts with the Director, Division of Contracts, and Directors of other affected offices; (e) Develops and recommends for approval by the Executive Director for Operations, NRC policy providing for equal employment opportunity in all aspects of Federal personnel practice; (f) Develops, monitors, and evaluates the agency's equal employment opportunity efforts and affirmative action programs to ensure compliance with NRC policy; (g) Serves as the principal contact with local and national public and private organizations to facilitate the NRC equal opportunity program; and (h) Coordinates all efforts pertaining to small and disadvantaged business utilization and equal employment opportunity with Office Directors and Regional Administrators.
10:10:1.0.1.1.1.2.13.21	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.38 [Reserved]	NRC
10:10:1.0.1.1.1.2.13.22	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.39 Office of the Chief Human Capital Officer.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 63 FR 15742, Apr. 1, 1998; 78 FR 34247, June 7, 2013]	The Office of the Chief Human Capital Officer— (a) Plans and implements NRC policies, programs, and services to provide for the effective organization, utilization, and development of the agency's human resources; (b) Provides labor relations and personnel policy guidance and supporting services to NRC managers and employees; (c) Provides training, benefits administration, and counseling services for NRC employees; (d) Collects, analyzes, and provides data on the characteristics, allocation, utilization, and retention of NRC's workforce; (e) Provides staffing advice and services to NRC managers and employees; and (f) Provides executive resources management and organizational and managerial development services to the NRC.
10:10:1.0.1.1.1.2.13.23	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§§ 1.40-1.41 [Reserved]	NRC
10:10:1.0.1.1.1.2.14.24	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.42 Office of Nuclear Material Safety and Safeguards.	NRC	[79 FR 75737, Dec. 19, 2014, as amended at 80 FR 74978, Dec. 1, 2015; 83 FR 30287, June 28, 2018; 88 FR 57875, Aug. 24, 2023]	(a) The Office of Nuclear Material Safety and Safeguards (NMSS) is responsible for regulating activities that provide for the safe and secure production of nuclear fuel used in commercial nuclear reactors; the safe storage, transportation, and disposal of low-level and high-level radioactive waste and spent nuclear fuel; the transportation of radioactive materials regulated under the Atomic Energy Act of 1954, as amended (the Act); and all other medical, industrial, academic, and commercial uses of radioactive isotopes. The NMSS ensures safety and security by implementing a regulatory program involving activities including licensing, inspection, assessment of environmental impacts for all nuclear material facilities and activities, assessment of licensee performance, events analysis, enforcement, and identification and resolution of generic issues. The NMSS leads, manages, and facilitates rulemaking activities for new, advanced, and operating power reactors, as well as non-power utilization facilities; nuclear materials, including production of nuclear fuel used in commercial nuclear reactors, as well as storage, transportation, and disposal of high-level radioactive waste and spent nuclear fuel, and the transportation of radioactive materials regulated by the NRC. (b) The Office of Nuclear Material Safety and Safeguards— (1) Develops and implements NRC policy for the regulation of: Uranium recovery, conversion, and enrichment; fuel fabrication and development; transportation of nuclear materials, including certification of transport containers and reactor spent fuel storage; safe management and disposal of spent fuel and low-level and high-level radioactive waste; and medical, industrial, academic, and commercial uses of radioactive isotopes; (2) Has lead responsibility within NRC for domestic and international safeguards policy and regulation for fuel cycle facilities, including material control and accountability; (3) Plans and directs NRC's program of cooperation and liaison with States, local governments…
10:10:1.0.1.1.1.2.14.25	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.43 Office of Nuclear Reactor Regulation.	NRC	[70 FR 69422, Nov. 16, 2005, as amended at 72 FR 49470, Aug. 28, 2007; 88 FR 57876, Aug. 24, 2023]	The Office of Nuclear Reactor Regulation— (a) Develops, promulgates and implements regulations and develops and implements policies, programs, and procedures for all aspects of licensing, inspection, and safeguarding of— (1) Manufacturing, production, and utilization facilities, except for those concerning fuel reprocessing plants and isotopic enrichment plants; (2) Receipt, possession, and ownership of source, byproduct, and special nuclear material used or produced at facilities licensed under 10 CFR parts 50, 52, and 54; (3) Operators of such facilities; (4) Emergency preparedness at such facilities; and (5) Contractors and suppliers of such facilities. (b) Identifies and takes action regarding conditions and licensee performance that may adversely affect public health and safety, the environment, or the safeguarding of nuclear reactor facilities; (c) Assesses and recommends or takes action regarding incidents or accidents; (d) Provides special assistance as required in matters involving reactor facilities exempt from licensing; (e) Provides guidance and implementation direction to Regional Offices on reactor licensing, inspection, and safeguards programs assigned to the Region, and appraises Regional program performance in terms of effectiveness and uniformity; and (f) Performs other functions required for implementation of the reactor licensing, inspection, and safeguard programs.
10:10:1.0.1.1.1.2.14.26	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.44 [Reserved]	NRC
10:10:1.0.1.1.1.2.14.27	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.45 Office of Nuclear Regulatory Research.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 63 FR 69544, Dec. 17, 1998]	The Office of Nuclear Regulatory Research— (a) Plans, recommends, and implements programs of nuclear regulatory research, standards development, and resolution of generic safety issues for nuclear power plants and other facilities regulated by the NRC; (b) Coordinates research activities within and outside the agency including appointment of staff to committees and conferences; and (c) Coordinates NRC participation in international standards-related activities and national volunteer standards efforts, including appointment of staff to committees.
10:10:1.0.1.1.1.2.14.28	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.46 Office of Nuclear Security and Incident Response.	NRC	[70 FR 69422, Nov. 16, 2005, as amended at 72 FR 28450, May 21, 2007]	The Office of Nuclear Security and Incident Response— (a) Develops overall agency policy and provides management direction for evaluation and assessment of technical issues involving security at nuclear facilities, and is the agency safeguards and security interface with the Department of Homeland Security (DHS), the Department of Energy (DOE), other agencies; and the international activities related to the security of radioactive material and nuclear facilities; (b) Develops, in participation with domestic and international agencies, foreign policy guidance and provides international assistance in nuclear security and safeguards; (c) Develops emergency preparedness policies, regulations, programs, and guidelines for nuclear facilities; (d) Provides technical expertise regarding emergency preparedness issues and interpretations; and (e) Develops and directs the NRC program for response to incidents, and is the agency emergency preparedness and incident response interface with the DHS, the Federal Emergency Management Agency (FEMA) and other Federal agencies.
10:10:1.0.1.1.1.2.14.29	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.47 NRC Regional Offices.	NRC		Each Regional Administrator executes established NRC policies and assigned programs relating to inspection, enforcement, licensing, State agreements, State liaison, and emergency response within Regional boundaries set out in § 1.5(b) of this part.
10:10:1.0.1.1.1.2.8.1	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.11 The Commission.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 57 FR 1639, Jan. 15, 1992; 59 FR 63882, Dec. 12, 1994]	(a) The Nuclear Regulatory Commission, composed of five members, one of whom is designated by the President as Chairman, is established pursuant to section 201 of the Energy Reorganization Act of 1974, as amended. The Chairman is the principal executive officer of the Commission, and is responsible for the executive and administrative functions with respect to appointment and supervision of personnel, except as otherwise provided by the Energy Reorganization Act of 1974, as amended, and Reorganization Plan No. 1 of 1980 (45 FR 40561); distribution of business; use and expenditures of funds (except that the function of revising budget estimates and purposes is reserved to the Commission); and appointment, subject to approval of the Commission, of heads of major administrative units under the Commission. The Chairman is the official spokesman, as mandated by the Reorganization Plan No. 1 of 1980. The Chairman has ultimate authority for all NRC functions pertaining to an emergency involving an NRC Licensee. The Chairman's actions are governed by the general policies of the Commission. (b) The Commission is responsible for licensing and regulating nuclear facilities and materials and for conducting research in support of the licensing and regulatory process, as mandated by the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and the Nuclear Nonproliferation Act of 1978; and in accordance with the National Environmental Policy Act of 1969, as amended, and other applicable statutes. These responsibilities include protecting public health and safety, protecting the environment, protecting and safeguarding nuclear materials and nuclear power plants in the interest of national security, and assuring conformity with antitrust laws. Agency functions are performed through standards setting and rulemaking; technical reviews and studies; conduct of public hearings; issuance of authorizations, permits, and licenses; inspection, investigation, and enforcement; evaluation of operating exp…
10:10:1.0.1.1.1.2.8.2	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.12 Office of the Inspector General.	NRC	[54 FR 53313, Dec. 28, 1989]	The Office of the Inspector General— (a) Develops policies and standards that govern NRC's financial and management audit program; (b) Plans, directs, and executes the long-range, comprehensive audit program; (c) Conducts and reports on investigations and inquiries, as necessary, to ascertain and verify the facts with regard to the integrity of all NRC programs and operations; (d) Investigates possible irregularities or alleged misconduct of NRC employees and contractors; (e) Refers suspected or alleged criminal violations concerning NRC employees or contractors to the Department of Justice; (f) Reviews existing and proposed legislation and regulations for their impact on economy and efficiency in the administration of NRC's programs and operations; (g) Keeps the Commission and the Congress fully and currently informed, by means of semiannual and other reports, about fraud, abuse, and other serious deficiencies in NRC's programs and operations; and (h) Maintains liaison with audit and inspector general organizations and other law enforcement agencies in regard to all matters relating to the promotion of economy and efficiency and the detection of fraud and abuse in programs and operations.
10:10:1.0.1.1.1.2.9.3	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.13 Advisory Committee on Reactor Safeguards.	NRC		The Advisory Committee on Reactor Safeguards (ACRS) was established by section 29 of the Atomic Energy Act of 1954, as amended. Consisting of a maximum of 15 members, it reviews and reports on safety studies and applications for construction permits and facility operating licenses; advises the Commission with regard to hazards of proposed or existing reactor facilities and the adequacy of proposed reactor safety standards; upon request of the Department of Energy (DOE), reviews and advises with regard to the hazards of DOE nuclear activities and facilities; reviews any generic issues or other matters referred to it by the Commission for advice. The Committee, on its own initiative, may conduct reviews of specific generic matters or nuclear facility safety-related items. The ACRS conducts studies of reactor safety research and submits reports thereon to the U.S. Congress and the NRC as appropriate.
10:10:1.0.1.1.1.2.9.4	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.15 Atomic Safety and Licensing Board Panel.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 85 FR 65661, Oct. 16, 2020]	The Atomic Safety and Licensing Board Panel, established pursuant to section 191 of the Atomic Energy Act of 1954, as amended, conducts hearings for the Commission and such other regulatory functions as the Commission authorizes. The Panel is comprised of any number of Administrative Judges (full-time and part-time), who may be lawyers, physicists, engineers, and environmental scientists; and Administrative Law Judges, who hear antitrust, civil penalty, and other cases and serve as Atomic Safety and Licensing Board Chairmen. The Chief Administrative Judge develops and applies procedures governing the activities of Boards, Administrative Judges, and Administrative Law Judges and makes appropriate recommendations to the Commission concerning the rules governing the conduct of hearings. The Panel conducts all licensing and other hearings as directed by the Commission primarily through individual Atomic Safety and Licensing Boards composed of one or three Administrative Judges. Those boards are designated by either the Commission or the Chief Administrative Judge.
10:10:1.0.1.1.1.2.9.5	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.18 [Reserved]	NRC
10:10:1.0.1.1.1.2.9.6	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	B	Subpart B—Headquarters	§ 1.19 Other committees, boards, and panels.	NRC	[52 FR 31602, Aug. 21, 1987, as amended at 54 FR 53314, Dec. 28, 1989; 68 FR 75389, Dec. 31, 2003; 79 FR 75737, Dec. 19, 2014]	Under section 161a. of the Atomic Energy Act of 1954, as amended, the Commission may establish advisory bodies to make recommendations to it. Currently, four committees are in existence. (a) The Advisory Committee on Medical Uses of Isotopes (ACMUI) was established by the Atomic Energy Commission in July 1958. The ACMUI, composed of physicians and scientists, considers medical questions referred to it by the NRC staff and renders expert opinions regarding medical uses of radioisotopes. The ACMUI also advises the NRC staff, as requested, on matters of policy regarding licensing of medical uses of radioisotopes. (b) The Licensing Support Network Advisory Review Panel (LSNARP) was established by the Commission on October 3, 1989, pursuant to 10 CFR 2.1011(e) of the Commission's regulations. The LSNARP provides advice to the Commission on the design, development, and operation of the Licensing Support Network (LSN) an electronic information management system for use in the Commission's high-level radioactive waste (HLW) licensing proceeding. Membership consists of those interests that will be affected by the use of the LSN, and selected Federal agencies with expertise in large-scale electronic information systems. The individual representatives of these interests and agencies possess expertise in management information science and in managing records of the Commission's licensing process for the HLW repository.
10:10:1.0.1.1.1.3.15.1	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	C	Subpart C—NRC Seal and Flag	§ 1.51 Description and custody of NRC seal.	NRC		(a) Pursuant to section 201(a) of the Energy Reorganization Act of 1974, the Nuclear Regulatory Commission, has adopted an official seal. Its description is as follows: An American bald eagle (similar to that on the Great Seal of the United States of America) of brown and tan with claws and beak of yellow, behind a shield of red, white, and blue, clutching a cluster of thirteen arrows in its left claw and a green olive branch in its right claw, positioned on a field of white, with the words “United States Nuclear Regulatory Commission” in dark blue encircling the eagle. The eagle represents the United States of America and its interests. (b) The Official Seal of the Nuclear Regulatory Commission is illustrated as follows: (c) The Secretary of the Commission is responsible for custody of the impression seals and of replica (plaque) seals.
10:10:1.0.1.1.1.3.15.2	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	C	Subpart C—NRC Seal and Flag	§ 1.53 Use of NRC seal or replicas.	NRC		(a) The use of the seal or replicas is restricted to the following: (1) NRC letterhead stationery; (2) NRC award certificates and medals; (3) Security credentials and employee identification cards; (4) NRC documents, including agreements with States, interagency or governmental agreements, foreign patent applications, certifications, special reports to the President and Congress and, at the discretion of the Secretary of the Commission, such other documents as the Secretary finds appropriate; (5) Plaques—the design of the seal may be incorporated in plaques for display at NRC facilities in locations such as auditoriums, presentation rooms, lobbies, offices of senior officials, on the fronts of buildings, and other places designated by the Secretary; (6) The NRC flag (which incorporates the design of the seal); (7) Official films prepared by or for the NRC, if deemed appropriate by the Director of Governmental and Public Affairs; (8) Official NRC publications that represent an achievement or mission of NRC as a whole, or that are cosponsored by NRC and other Government departments or agencies; and (9) Any other uses as the Secretary of the Commission finds appropriate. (b) Any person who uses the official seal in a manner other than as permitted by this section shall be subject to the provisions of 18 U.S.C. 1017, which provides penalties for the fraudulent or wrongful use of an official seal, and to other provisions of law as applicable.
10:10:1.0.1.1.1.3.15.3	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	C	Subpart C—NRC Seal and Flag	§ 1.55 Establishment of official NRC flag.	NRC		The official flag is based on the design of the NRC seal. It is 50 inches by 66 inches in size with a 38-inch diameter seal incorporated in the center of a dark blue field with a gold fringe.
10:10:1.0.1.1.1.3.15.4	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	C	Subpart C—NRC Seal and Flag	§ 1.57 Use of NRC flag.	NRC		(a) The use of the flag is restricted to the following: (1) On or in front of NRC installations; (2) At NRC ceremonies; (3) At conferences involving official NRC participation (including permanent display in NRC conference rooms); (4) At Governmental or public appearances of NRC executives; (5) In private offices of senior officials; or (6) As the Secretary of the Commission otherwise authorizes. (b) The NRC flag must only be displayed together with the U.S. flag. When they are both displayed on a speaker's platform, the U.S. flag must occupy the position of honor and be placed at the speaker's right as he or she faces the audience, and the NRC flag must be placed at the speaker's left.
10:10:1.0.1.1.1.3.15.5	10	Energy	I	1	PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION	C	Subpart C—NRC Seal and Flag	§ 1.59 Report of violations.	NRC		In order to ensure adherence to the authorized uses of the NRC seal and flag as provided in this subpart, a report of each suspected violation of this subpart, or any questionable use of the NRC seal or flag, should be submitted to the Secretary of the Commission.
10:10:1.0.1.1.10.1.76.1	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	A	Subpart A—General Provisions	§ 12.101 Purpose.	NRC	[59 FR 23121, May 5, 1994, as amended at 90 FR 33266, July 17, 2025]	The purpose of this part is to state the regulatory requirements for award of attorney fees to eligible individuals and entities in certain administrative proceedings before the Nuclear Regulatory Commission, in implementation of the Equal Access to Justice Act, 5 U.S.C. 504 (EAJA), which provides for the award of attorney fees and other expenses to parties to “adversary adjudications”, as defined in 5 U.S.C. 504(b)(1)(C). In general, an “adversary adjudication” is an adjudication that is required by statute to be determined on the record after opportunity for hearing before an agency of the United States and in which the position of the agency, or any component of the agency, is presented by an attorney or other representative who enters an appearance and participates in the proceeding. However, some agency adjudications are expressly excluded from coverage by 5 U.S.C. 504 (e.g., an adjudication for the purpose of granting or renewing a license) even though they fall within this general definition, and certain appeals before an agency board of contract appeals and Administrative False Claims Act hearings conducted under 31 U.S.C. ch. 38 are expressly covered. An eligible party may receive an award in an adversary adjudication when the party prevails over the Commission, unless the Commission's position was substantially justified or special circumstances make an award unjust. The regulations in this part describe the parties eligible for awards and the proceedings that are covered. They also explain how to apply for awards, and the procedures and standards that the Commission will use to make them.
10:10:1.0.1.1.10.1.76.2	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	A	Subpart A—General Provisions	§ 12.102 When the EAJA applies.	NRC		The EAJA applies to any covered adversary adjudication pending or commenced before the Commission on or after August 5, 1985.
10:10:1.0.1.1.10.1.76.3	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	A	Subpart A—General Provisions	§ 12.103 Proceedings covered.	NRC	[59 FR 23121, May 5, 1994, as amended at 90 FR 33266, July 17, 2025]	(a) The EAJA applies to the following proceedings: (1) Hearings under the Administrative False Claims Act (31 U.S.C. 3801-12); (2) Any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607); and (3) Adversary adjudications conducted by the Commission pursuant to any other statutory provision that requires a proceeding before the Nuclear Regulatory Commission to be so conducted as to fall within the meaning of “adversary adjudication” under 5 U.S.C. 504(b)(1)(C). (b) The Commission's failure to identify a type of proceeding as an adversary adjudication shall not preclude the filing of an application by a party who believes the proceeding is covered by the EAJA. Whether the proceeding is covered will then be an issue for resolution in proceedings on the application. (c) If a proceeding includes both matters covered by the EAJA and matters specifically excluded from coverage, any award made will include only fees and expenses related to covered issues.
10:10:1.0.1.1.10.1.76.4	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	A	Subpart A—General Provisions	§ 12.104 Eligibility of applicants.	NRC		(a) To be eligible for an award of attorney fees and other expenses under the EAJA, the applicant must be a party to the adversary adjudication for which it seeks an award. The term “party” is defined in 5 U.S.C. 551(3). The applicant must show that it meets all conditions of eligibility set out in this subpart and in subpart B. (b) The types of eligible applicants are as follows: (1) An individual with a net worth of not more than $2 million; (2) The sole owner of an unincorporated business who has a net worth of not more than $7 million, including both personal and business interests, and not more than 500 employees; (3) A charitable or other tax-exempt organization described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) with not more than 500 employees; (4) A cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 employees; and (5) Any other partnership, corporation, association, unit of local government, or organization with a net worth of not more than $7 million and not more than 500 employees. (c) For the purpose of eligibility, the net worth and number of employees of an applicant shall be determined as of the date the proceeding was initiated. (d) An applicant who owns an unincorporated business will be considered as an “individual” rather than a “sole owner of an unincorporated business” if the issues on which the applicant prevails are related primarily to personal interests rather than to business interests. (e) The employees of an applicant include all persons who regularly perform services for remuneration for the applicant, under the applicant's direction and control. Part-time employees shall be included on a proportional basis. (f) The net worth and number of employees of the applicant and all of its affiliates shall be aggregated to determine eligibility. Any individual, corporation, or other entity that directly or indirectly controls or owns a majority of the voting shares or other in…
10:10:1.0.1.1.10.1.76.5	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	A	Subpart A—General Provisions	§ 12.105 Standards for awards.	NRC		(a) A prevailing applicant may receive an award for fees and expenses incurred in connection with a proceeding or a significant and discrete substantive portion of the proceeding, unless the position of the Commission over which the applicant has prevailed was substantially justified. The position of the Commission includes, in addition to the position taken by the Commission in the adversary adjudication, the action or failure to act by the Commission upon which the adversary adjudication is based. The burden of proof that an award should not be made to a prevailing applicant because the Commission's position was substantially justified is on the Commission counsel. (b) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the proceeding or if special circumstances make the award sought unjust.
10:10:1.0.1.1.10.1.76.6	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	A	Subpart A—General Provisions	§ 12.106 Allowable fees and expenses.	NRC		(a) Awards will be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents, and expert witnesses, even if the services were made available without charge or at reduced rate to the applicant. (b) No award for the fee of an attorney or agent under this part may exceed $75.00 per hour. No award to compensate an expert witness may exceed the highest rate at which the Commission pays expert witnesses. However, an award may also include the reasonable expenses of the attorney, agent, or witness as a separate item, if the attorney, agent, or witness ordinarily charges clients separately for these expenses. (c) In determining the reasonableness of the fee sought for an attorney, agent, or expert witness, the adjudicative officer shall consider the following: (1) If the attorney, agent, or witness is in private practice, his or her customary fees for similar services, or, if an employee of the applicant, the fully allocated costs of the services; (2) The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily performs services; (3) The time actually spent in the representation of the applicant; (4) The time reasonably spent in light of the difficulty or complexity of the issues in the proceeding; and (5) Other factors that bear on the value of the services provided. (d) The reasonable cost of any study, analysis, engineering report, test, project, or similar matter prepared on behalf of a party may be awarded, to the extent that the charge for the services does not exceed the prevailing rate for similar services, and the study or other matter was necessary for preparation of applicant's case.
10:10:1.0.1.1.10.1.76.7	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	A	Subpart A—General Provisions	§ 12.107 Rulemaking on maximum rates for attorney fees.	NRC		(a) If warranted by an increase in the cost of living or by special circumstances (such as limited availability of attorneys qualified to handle certain types of proceedings), the Commission may adopt regulations providing that attorney fees may be awarded at a rate higher than $75 per hour in some, or all of the types of proceedings covered by this part. The Commission will conduct any rulemaking proceedings for this purpose under the informal rulemaking procedures of the Administrative Procedure Act. (b) Any person may file with the Commission a petition for rulemaking to increase the maximum rate for attorney fees, in accordance with the requirements of 10 CFR 2.802. The petition should identify the rate the petitioner believes the Commission should establish and the types of proceedings in which the rate should be used. It should also explain fully the reasons why the higher rate is warranted. Within 90 days after the petition is filed, the Commission will determine whether it will initiate a rulemaking proceeding, deny the petition, or take other appropriate action on the petition. The Commission will act on the petition in accordance with 10 CFR 2.803.
10:10:1.0.1.1.10.1.76.8	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	A	Subpart A—General Provisions	§ 12.108 Awards against other agencies.	NRC		If an applicant is entitled to an award because it prevails over another agency of the United States that participates in a proceeding before the Commission and takes a position that is not substantially justified, the award or an appropriate portion of the award shall be made against that agency.
10:10:1.0.1.1.10.1.76.9	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	A	Subpart A—General Provisions	§ 12.109 Decisionmaking authority.	NRC		Unless otherwise ordered by the Commission in a particular proceeding, each application under this part shall be assigned for decision to the official or decisionmaking body that entered the decision in the adversary adjudication. That official or decisionmaking body is referred to in this part as the “adjudicative officer.”
10:10:1.0.1.1.10.2.76.1	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	B	Subpart B—Information Required From Applicants	§ 12.201 Contents of application.	NRC		(a) An application for an award of fees and expenses under the EAJA shall identify the applicant and the proceeding for which an award is sought. The application shall show that the applicant has prevailed and identify the position of the Commission or other agency that the applicant alleges was not substantially justified. Unless the applicant is an individual, the application shall also state the number of employees of the applicant and describe briefly the type and purpose of its organization or business. (b) The application shall also include a statement that the applicant's net worth does not exceed $2 million (if an individual) or $7 million (for all other applicants, including their affiliates). However, an applicant may omit this statement if: (1) The applicant attaches a copy of a ruling by the Internal Revenue Service that it qualifies as an organization described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) or, in the case of a tax-exempt organization not required to obtain a ruling from the Internal Revenue Service on its exempt status, a statement that describes the basis for the applicant's belief that it qualifies under this section; or (2) The applicant states that it is a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)). (c) The application shall state the amount of fees and expenses for which an award is sought. (d) The application may also include any other matters that the applicant wishes the Commission to consider in determining whether, and in what amount, an award should be made. (e) The application shall be signed by the applicant or an authorized officer or attorney of the applicant. It shall also contain or be accompanied by a written verification under oath or under penalty of perjury that the information provided in the application is true and correct.
10:10:1.0.1.1.10.2.76.2	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	B	Subpart B—Information Required From Applicants	§ 12.202 Net worth exhibit.	NRC		(a) Each applicant, except a qualified tax-exempt organization or cooperative association must provide with its application a detailed exhibit showing the net worth of the applicant and any affiliates (as defined in § 12.104(f) of this part) when the proceeding was initiated. The exhibit may be in any form convenient to the applicant that provides full disclosure of the applicant's and its affiliates' assets and liabilities and is sufficient to determine whether the applicant qualifies under the standards in this part. The adjudicative officer may require an applicant to file additional information to determine its eligibility for an award. (b) Ordinarily, the net worth exhibit will be included in the public record of the proceeding. However, an applicant that objects to public disclosure of information in any portion of the exhibit and believes there are legal grounds for withholding it from disclosure may submit that portion of the exhibit directly to the adjudicative officer in a sealed envelope labeled “Confidential Financial Information,” accompanied by a motion to withhold the information from public disclosure. The motion shall describe the information sought to be withheld and explain, in detail, why it falls within one or more of the specific exemptions from mandatory disclosure under the Freedom of Information Act, 5 U.S.C. 552(b)(1)-(9), why public disclosure of the information would adversely affect the applicant, and why disclosure is not required in the public interest. The material in question shall be served on counsel representing the agency against which the applicant seeks an award, but need not be served on any other party to the proceeding. If the adjudicative officer finds that the information should not be withheld from disclosure, it shall be placed in the public record of the proceeding. Otherwise, any request to inspect or copy the exhibit shall be disposed of in accordance with the Commission's established procedures under the Freedom of Information Act, 10 CFR part 9, subpart A.
10:10:1.0.1.1.10.2.76.3	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	B	Subpart B—Information Required From Applicants	§ 12.203 Documentation of fees and expenses.	NRC		The application shall be accompanied by full documentation of the fees and expenses, including the cost of any study, analysis, engineering report, test, project, or similar matter for which an award is sought. A separate itemized statement shall be submitted for each professional firm or individual whose services are covered by the application, showing the hours spent in connection with the proceeding by each individual, a description of the specific services performed, the rates at which each fee has been computed, any expenses for which reimbursement is sought, the total amount claimed, and the total amount paid or payable by the applicant or by any other person or entity for the services provided. The adjudicative officer may require the applicant to provide vouchers, receipts, logs, or other substantiation for any fees or expenses claimed, pursuant to § 12.306 of this part.
10:10:1.0.1.1.10.2.76.4	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	B	Subpart B—Information Required From Applicants	§ 12.204 When an application may be filed.	NRC		(a) An application may be filed whenever the applicant has prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, but in no case later than 30 days after the date on which a decision or order disposing of the merits of the proceeding or any other complete resolution of the proceeding, such as a settlement or voluntary dismissal, becomes final and unappealable, both within the NRC and to the courts. (b) If after the filing of an application for an award, review or reconsideration is sought or taken of a decision as to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy. When the United States appeals the underlying merits of an adversary adjudication to a court, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.
10:10:1.0.1.1.10.3.76.1	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.301 Filing and service of documents.	NRC		Any application for an award or other pleading or document related to an application shall be filed and served on all parties to the proceeding in the same manner as other pleadings in the proceeding, except as provided in § 12.202(b) for confidential financial information.
10:10:1.0.1.1.10.3.76.10	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.310 Payment of award.	NRC		An applicant seeking payment of an award shall submit to the appropriate official of the paying agency a copy of the Commission's final decision granting the award, accompanied by a certification that the applicant will not seek review of the decision in the United States courts. Where the award is granted against the Commission, the applicant shall make the submission to the Director, Division of Accounting and Finance, Office of the Controller, U.S. Nuclear Regulatory Commission, Washington, DC 20555. The NRC will pay the amount awarded to the applicant within 60 days.
10:10:1.0.1.1.10.3.76.2	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.302 Answer to application.	NRC		(a) Within 30 days after service of an application, counsel representing the NRC against which an award is sought may file an answer to the application. Unless the NRC counsel requests an extension of time for filing or files a statement of intent to negotiate under paragraph (b) of this section, failure to file an answer within the 30-day period may be treated as a consent to the award requested. (b) If the NRC counsel and the applicant believe that the issues in the fee application can be settled, they may jointly file a statement of their intent to negotiate a settlement. The filing of this statement shall extend the time for filing an answer for an additional 30 days, and further extensions may be granted by the adjudicative officer upon request by the NRC counsel and the applicant. (c) The answer shall explain in detail any objections to the award requested and identify the facts relied on in support of the NRC counsel's position. If the answer is based on any alleged facts not already in the record of the proceeding, the NRC counsel shall include with the answer either supporting affidavits or a request for further proceedings under § 12.306.
10:10:1.0.1.1.10.3.76.3	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.303 Reply.	NRC		Within 15 days after service of an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of the proceeding, the applicant shall include with the reply either supporting affidavits or a request for further proceedings under § 12.306.
10:10:1.0.1.1.10.3.76.4	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.304 Comments by other parties.	NRC		Any party to a proceeding other than the applicant and the NRC counsel may file comments on an application within 30 days after it is served, or on an answer within 15 days after it is served. A commenting party may not participate further in proceedings on the application unless the adjudicative officer determines that the public interest requires participation in order to permit full exploration of matters raised in the comments.
10:10:1.0.1.1.10.3.76.5	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.305 Settlement.	NRC		The applicant and the NRC counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after the underlying proceeding has been concluded, in accordance with the NRC's standard settlement procedure. If a prevailing party and the NRC's counsel agree on a proposed settlement of an award before an application has been filed, the application shall be filed with the proposed settlement.
10:10:1.0.1.1.10.3.76.6	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.306 Further proceedings.	NRC		(a) Ordinarily, the determination of an award will be made on the basis of the written record. However, on request of either the applicant or the NRC counsel, or on the adjudicative officer's own initiative, the adjudicative officer may order further proceedings, such as an informal conference, oral argument, additional written submissions or, as to issues other than substantial justification (such as the applicant's eligibility or substantiation of fees and expenses), pertinent discovery or an evidentiary hearing. Further proceedings shall be held only when necessary for full and fair resolution of the issues arising from the application, and shall be conducted as promptly as possible. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (b) A request that the adjudicative officer order further proceedings under this section shall specifically identify the information sought or the disputed issues and shall explain why the additional proceedings are necessary to resolve the issues.
10:10:1.0.1.1.10.3.76.7	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.307 Decision.	NRC		(a) The adjudicative officer shall issue an initial decision on the application within 90 days after completion of proceedings on the application. If the adjudicative officer fails to issue an initial decision within 90 days, he or she shall notify the parties of the reason for the delay and shall set a new deadline. (b) The initial decision shall include written findings and conclusions on the applicant's eligibility and status as a prevailing party, and an explanation of the reasons for any difference between the amount requested and the amount awarded. The decision shall also include, if at issue, findings on whether the NRC's position was substantially justified, whether the applicant unduly protracted the proceedings, or whether special circumstances make an award unjust. If the applicant has sought an award against more than one agency, the decision shall allocate responsibility for payment of any award made among the agencies, and shall explain the reasons for the allocation made.
10:10:1.0.1.1.10.3.76.8	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.308 Agency review.	NRC	[59 FR 23121, May 5, 1994, as amended at 77 FR 46599, Aug. 3, 2012]	(a) Either the applicant or the NRC counsel may seek review of the initial decision on the fee application, or the Commission may decide to review the decision on its own initiative, in accordance with the Commission's review procedures set out in 10 CFR 2.341. The filing of a petition for review is mandatory for a party to exhaust its administrative remedies before seeking judicial review. If neither the applicant nor NRC counsel seeks review and the Commission does not take review on its own initiative, the initial decision on the application shall become a final decision of the NRC 120 days after it is issued. (b) Notwithstanding anything to the contrary in any other part of the Commission's regulations, the initial decision shall be inoperative ( i.e. , the decision shall not be final and any award made shall not be paid) until the later of— (1) The expiration of the 120 day period provided in paragraph (a) of this section; or (2) If within the 120 day period provided in paragraph (a) of this section the Commission elects to review the decision, the Commission's issuance of a final decision on review of the initial decision. (c) Whether to review a decision on its own motion is a matter within the discretion of the Commission. If review is taken, the Commission will issue a final decision on the application or remand the application to the adjudicative officer for further proceedings.
10:10:1.0.1.1.10.3.76.9	10	Energy	I	12	PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS	C	Subpart C—Procedures for Considering Applications	§ 12.309 Judicial review.	NRC		Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2).
10:10:1.0.1.1.11.0.76.1	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.1 Basis and purpose.	NRC	[56 FR 47135, Sept. 18, 1991, as amended at 90 FR 33266, July 17, 2025]	(a) Basis. This part implements the Administrative False Claims Act of 2023 (31 U.S.C. 3801-3812). 31 U.S.C. 3809 requires each authority head to promulgate regulations necessary to implement the provisions of that Act. (b) Purpose. This part (1) establishes administrative procedures for imposing civil penalties and assessments against persons who make, submit, or present, or cause to be made, submitted, or presented, false, fictitious, or fraudulent claims or written statements to authorities or to their agents, and (2) specifies the hearing and appeal rights of persons subject to allegations of liability for such penalties and assessments.
10:10:1.0.1.1.11.0.76.10	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.10 Default upon failure to file an answer.	NRC		(a) If the defendant does not file an answer within the time prescribed in § 13.9(a), the reviewing official may refer the complaint to the ALJ. (b) Upon the referral of the complaint, the ALJ shall promptly serve on defendant in the manner prescribed in § 13.8 a notice that an initial decision will be issued under this section. (c) The ALJ shall assume the facts alleged in the complaint to be true, and, if such facts establish liability under § 13.3, the ALJ shall issue an initial decision imposing the maximum amount of penalties and assessments allowed under the statute. (d) Except as otherwise provided in this section, by failing to file a timely answer, the defendant waives any right to further review of the penalties and assessments imposed under paragraph (c) of this section and the initial decision shall become final and binding upon the parties 30 days after it is issued. (e) If, before such an initial decision becomes final, the defendant files a motion with the ALJ seeking to reopen on the grounds that extraordinary circumstances prevented the defendant from filing an answer, the initial decision shall be stayed pending the ALJ's decision on the motion. (f) If, on such motion, the defendant can demonstrate extraordinary circumstances excusing the failure to file a timely answer, the ALJ shall withdraw the initial decision in paragraph (c) of this section if such a decision has been issued, and shall grant the defendant an opportunity to answer the complaint. (g) A decision of the ALJ denying a defendant's motion under paragraph (e) of this section is not subject to reconsideration under § 13.38. (h) The defendant may appeal to the authority head the decision denying a motion to reopen by filing a notice of appeal with the authority head within 15 days after the ALJ denies the motion. The timely filing of a notice of appeal shall stay the initial decision until the authority head decides the issue. (i) If the defendant files a timely notice of appeal with the authority head, the ALJ shall forward…
10:10:1.0.1.1.11.0.76.11	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.11 Referral of complaint and answer to the ALJ.	NRC		Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ.
10:10:1.0.1.1.11.0.76.12	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.12 Notice of hearing.	NRC		(a) When the ALJ receives the complaint and answer, the ALJ shall promptly serve a notice of hearing upon the defendant in the manner prescribed by § 13.8. At the same time, the ALJ shall send a copy of such notice to the representative of the authority. (b) Such notice shall include— (1) The tentative time and place, and the nature of the hearing; (2) The legal authority and jurisdiction under which the hearing is to be held; (3) The matters of fact and law to be asserted; (4) A description of the procedures for the conduct of the hearing; (5) The name, address, and telephone number of the representative of the authority and of the defendant, if any; and (6) Such other matters as the ALJ deems appropriate.
10:10:1.0.1.1.11.0.76.13	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.13 Parties to the hearing.	NRC		(a) The parties to the hearing shall be the defendant and the authority. (b) Pursuant to 31 U.S.C. 3730(c)(5), a private plaintiff under the False Claims Act may participate in these proceedings to the extent authorized by the provisions of that Act.
10:10:1.0.1.1.11.0.76.14	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.14 Separation of functions.	NRC	[56 FR 47135, Sept. 18, 1991; 56 FR 64839, Dec. 12, 1991]	(a) The investigating official, the reviewing official, and any employee or agent of the authority who takes part in investigating, preparing, or presenting a particular case may not, in such case or a factually related case— (1) Participate in the hearing as the ALJ; (2) Participate or advise in the initial decision or the review of the initial decision by the authority head, except as a witness or a representative in public proceedings; or (3) Make the collection of penalties and assessments under 31 U.S.C. 3806. (b) The ALJ shall not be responsible to, or subject to the supervision or direction of, the investigating official or the reviewing official. (c) Except as provided in paragraph (a) of this section, the representative for the Government may be employed anywhere in the authority, including in the offices of either the investigating official or the reviewing official.
10:10:1.0.1.1.11.0.76.15	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.15 Ex parte contacts.	NRC		No party or person (except employees of the ALJ's office) shall communicate in any way with the ALJ on any matter at issue in a case, unless on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from inquiring about the status of a case or asking routine questions concerning administrative functions or procedures.
10:10:1.0.1.1.11.0.76.16	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.16 Disqualification of reviewing official or ALJ.	NRC		(a) A reviewing official or ALJ in a particular case may disqualify himself or herself at any time. (b) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. Such motion shall be accompanied by an affidavit alleging personal bias or other reason for disqualification. (c) Such motion and affidavit shall be filed promptly upon the party's discovery of reasons requiring disqualification, or such objections, shall be deemed waived. (d) Such affidavit shall state specific facts that support the party's belief that personal bias or other reason for disqualification exists and the time and circumstances of the party's discovery of such facts. It shall be accompanied by a certificate of the representative of record that it is made in good faith. (e) Upon the filing of such a motion and affidavit, the ALJ shall proceed no further in the case until he or she resolves the matter of disqualification in accordance with paragraph (f) of this section. (f)(1) If the ALJ determines that a reviewing official is disqualified, the ALJ shall dismiss the complaint without prejudice. (2) If the ALJ disqualifies himself or herself, the case shall be reassigned promptly to another ALJ. (3) If the ALJ denies a motion to disqualify, the authority head may determine the matter only as part of its review of the initial decision upon appeal, if any.
10:10:1.0.1.1.11.0.76.17	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.17 Rights of parties.	NRC		Except as otherwise limited by this part, all parties may— (a) Be accompanied, represented, and advised by a representative; (b) Participate in any conference held by the ALJ; (c) Conduct discovery; (d) Agree to stipulation of fact or law, which shall be made part of the record; (e) Present evidence relevant to the issues at the hearing; (f) Present and cross-examine witnesses; (g) Present oral arguments at the hearing as permitted by the ALJ; and (h) Submit written briefs and proposed findings of fact and conclusions of law after the hearing.
10:10:1.0.1.1.11.0.76.18	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.18 Authority of the ALJ.	NRC		(a) The ALJ shall conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made. (b) The ALJ has the authority to— (1) Set and change the date, time, and place of the hearing upon reasonable notice to the parties; (2) Continue or recess the hearing in whole or in part for a reasonable period of time; (3) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding; (4) Administer oaths and affirmations; (5) Issue subpoenas requiring the attendance of witnesses and the production of documents at depositions or at hearings; (6) Rule on motions and other procedural matters; (7) Regulate the scope and timing of discovery; (8) Regulate the course of the hearing and the conduct of representatives and parties; (9) Examine witnesses; (10) Receive, rule on, exclude, or limit evidence; (11) Upon motion of a party, take official notice of facts; (12) Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact; (13) Conduct any conference, argument, or hearing on motions in person or by telephone; and (14) Exercise such other authority as is necessary to carry out the responsibilities of the ALJ under this part. (c) The ALJ does not have the authority to find Federal statutes or regulations invalid.
10:10:1.0.1.1.11.0.76.19	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.19 Prehearing conferences.	NRC		(a) The ALJ may schedule prehearing conferences as appropriate. (b) Upon the motion of any party, the ALJ shall schedule at least one prehearing conference at a reasonable time in advance of the hearing. (c) The ALJ may use prehearing conferences to discuss the following: (1) Simplification of the issues; (2) The necessity or desirability of amendments to the pleadings, including the need for a more definite statement; (3) Stipulations and admissions of fact or as to the contents and authenticity of documents; (4) Whether the parties can agree to submission of the case on a stipulated record; (5) Whether a party chooses to waive appearance at an oral hearing and to submit only documentary evidence (subject to the objection of other parties) and written argument; (6) Limitation of the number of witnesses; (7) Scheduling dates for the exchange of witness lists and of proposed exhibits; (8) Discovery; (9) The time and place for the hearing; and (10) Such other matters as may tend to expedite the fair and just disposition of the proceedings. (d) The ALJ may issue an order containing all matters agreed upon by the parties or ordered by the ALJ at a prehearing conference.
10:10:1.0.1.1.11.0.76.2	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.2 Definitions.	NRC	[56 FR 47135, Sept. 18, 1991; 56 FR 49945, Oct. 2, 1991, as amended at 62 FR 40427, July 29, 1997; 65 FR 59272, Oct. 4, 2000; 71 FR 15007, Mar. 27, 2006; 72 FR 49152, Aug. 28, 2007; 72 FR 64529, Nov. 16, 2007; 90 FR 33266, July 17, 2025]	As used in this part: ALJ means an Administrative Law Judge in the authority appointed pursuant to 5 U.S.C. 3105 or detailed to the authority pursuant to 5 U.S.C. 3344. Authority means the Nuclear Regulatory Commission. Authority head means the Commission of five members or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974 (88 Stat. 1242). Benefit means, in the context of “statement”, anything of value, including but not limited to any advantage, preference, privilege, license, permit, favorable decision, ruling, status, or loan guarantee. Claim means any request, demand, or submission— (1) Made to the authority for property, services, or money (including money representing grants, loans, insurance, or benefits); (2) Made to a recipient of property, services, or money from the authority or to a party to a contract with the authority— (i) For property or services if the United States— (A) Provided such property or services; (B) Provided any portion of the funds for the purchase of such property or services; or (C) Will reimburse such recipient or party for the purchase of such property or services; or (ii) For the payment of money (including money representing grants, loans, insurance, or benefits) if the United States— (A) Provided any portion of the money requested or demanded; or (B) Will reimburse such recipient or party for any portion of the money paid on such request or demand; or (3) Made to the authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money. Complaint means the administrative complaint served by the reviewing official on the defendant under § 13.7. Defendant means any person alleged in a complaint under § 13.7 to be liable for a civil penalty or assessment under § 13.3. Digital ID certificate means a file stored on a participant's computer that contains the participant's name, e-mail address, and participant's digital signature, pr…
10:10:1.0.1.1.11.0.76.20	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.20 Disclosure of documents.	NRC		(a) Upon written request to the reviewing official, the defendant may review any relevant and material documents, transcripts, records, and other materials that relate to the allegations set out in the complaint and upon which the findings and conclusions of the investigating official under § 13.4(b) are based, unless such documents are subject to a privilege under Federal law. Upon payment of fees for duplication, the defendant may obtain copies of such documents. (b) Upon written request to the reviewing official, the defendant also may obtain a copy of all exculpatory information in the possession of the reviewing official or investigating official relating to the allegations in the complaint, even if it is contained in a document that would otherwise be privileged. If the document would otherwise be privileged, only that portion containing exculpatory information must be disclosed. (c) The notice sent to the Attorney General from the reviewing official as described in § 13.5 is not discoverable under any circumstances. (d) The defendant may file a motion to compel disclosure of the documents subject to the provisions of this section. Such a motion may only be filed with the ALJ following the filing of an answer pursuant to § 13.9.
10:10:1.0.1.1.11.0.76.21	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.21 Discovery.	NRC		(a) The following types of discovery are authorized: (1) Requests for production of documents for inspection and copying; (2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. (b) For the purpose of this section and §§ 13.22 and 13.23, the term “documents” includes information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence. Nothing contained herein shall be interpreted to require the creation of a document. (c) Unless mutually agreed to by the parties, discovery is available only as ordered by the ALJ. The ALJ shall regulate the timing of discovery. (d) Motions for discovery. (1) A party seeking discovery may file a motion with the ALJ. Such a motion shall be accompanied by a copy of the requested discovery, or in the case of depositions, a summary of the scope of the proposed deposition. (2) Within ten days of service, a party may file an opposition to the motion and/or a motion for protective order as provided in § 13.24. (3) The ALJ may grant a motion for discovery only if he or she finds that the discovery sought— (i) Is necessary for the expeditious, fair, and reasonable consideration of the issues; (ii) Is not unduly costly or burdensome; (iii) Will not unduly delay the proceeding; and (iv) Does not seek privileged information. (4) The burden of showing that discovery should be allowed is on the party seeking discovery. (5) The ALJ may grant discovery subject to a protective order under § 13.24. (e) Depositions. (1) If a motion for deposition is granted, the ALJ shall issue a subpoena for the deponent, which may require the deponent to produce documents. The subpoena shall specify the time and place at which the deposition will be held. (2) The party seeking to depose shall serve the subpoena in the manner prescribed in § 13.8. (3) The deponent may file with the ALJ a motion to quash the subpoena or a motion for a protective order …
10:10:1.0.1.1.11.0.76.22	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.22 Exchange of witness lists, statements, and exhibits.	NRC		(a) At least 15 days before the hearing or at such other times as may be ordered by the ALJ, the parties shall exchange witness lists, copies of prior statements of proposed witnesses, and copies of proposed hearing exhibits, including copies of any written statements that the party intends to offer in lieu of live testimony in accordance with § 13.33(b). At the time the above documents are exchanged, any party that intends to rely on the transcript of deposition testimony in lieu of live testimony at the hearing, if permitted by the ALJ, shall provide each party with a copy of the specific pages of the transcript it intends to introduce into evidence. (b) If a party objects, the ALJ shall not admit into evidence the testimony of any witness whose name does not appear on the witness list or any exhibit not provided to the opposing party as provided above unless the ALJ finds good cause for the failure or that there in no prejudice to the objecting party. (c) Unless another party objects within the time set by the ALJ, documents exchanged in accordance with paragraph (a) of this section shall be deemed to be authentic for the purpose of admissibility at the hearing.
10:10:1.0.1.1.11.0.76.23	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.23 Subpoenas for attendance at hearing.	NRC		(a) A party wishing to procure the appearance and testimony of any individual at the hearing may request that the ALJ issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual may also require the individual to produce documents at the hearing. (c) A party seeking a subpoena shall file a written request therefor not less than 15 days before the date fixed for the hearing unless otherwise allowed by the ALJ for good cause shown. Such request shall specify any documents to be produced and shall designate the witnesses and describe the address and location thereof with sufficient particularity to permit such witnesses to be found. (d) The subpoena shall specify the time and place at which the witness is to appear and any documents the witness is to produce. (e) The party seeking the subpoena shall serve it in the manner prescribed in § 13.8. A subpoena on a party or upon an individual under the control of a party may be served by first class mail. (f) A party or the individual to whom the subpoena is directed may file with the ALJ a motion to quash the subpoena within ten days after service or on or before the time specified in the subpoena for compliance if it is less than ten days after service.
10:10:1.0.1.1.11.0.76.24	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.24 Protective order.	NRC		(a) A party or a prospective witness or deponent may file a motion for a protective order with respect to discovery sought by an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence. (b) In issuing a protective order, the ALJ may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) That the discovery not be had; (2) That the discovery may be had only on specified terms and conditions, including a designation of the time or place; (3) That the discovery may be had only through a method of discovery other than that requested; (4) That certain matters not be inquired into, or that the scope of discovery be limited to certain matters; (5) That discovery be conducted with no one present except persons designated by the ALJ; (6) That the contents of discovery or evidence by sealed; (7) That a deposition after being sealed be opened only by order of the ALJ; (8) That a trade secret or other confidential research, development, commercial information, or facts pertaining to any criminal investigation, proceeding, or other administrative investigation not be disclosed or be disclosed only in a designated way; or (9) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the ALJ.
10:10:1.0.1.1.11.0.76.25	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.25 Fees.	NRC		The party requesting a subpoena shall pay the cost of the fees and mileage of any witness subpoenaed in the amounts that would be payable to a witness in a proceeding in United States District Court. A check for witness fees and mileage shall accompany the subpoena when served, except that when a subpoena is issued on behalf of the authority, a check for witness fees and mileage need not accompany the subpoena.
10:10:1.0.1.1.11.0.76.26	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.26 Filing and service of papers.	NRC	[72 FR 49152, Aug. 28, 2007]	(a) Filing. (1) Unless otherwise provided by order, all filings must be made as electronic submissions in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions may be found in the E-Filing Guidance and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. If a filing contains sections of information or electronic formats that may not be transmitted electronically for security or other reasons, portions not containing those sections will be transmitted electronically to the E-Filing system. In addition, optical storage media (OSM) containing the entire filing must be physically delivered or mailed. In such cases, the submitter does not need to apply to the Commission for an exemption to deviate from the requirements in paragraph (a) of this section. (2) Electronic transmission exemption. The ALJ may relieve a participant who is filing electronic documents of the transmission requirements in paragraph (a) of this section. Such a participant will file electronic documents by physically delivering or mailing an OSM containing the documents. The electronic formatting requirement in paragraph (a) of this section must be met. (3) Electronic document exemption. The ALJ may relieve a participant of both the electronic (computer file) formatting and transmission requirements in paragraph (a)(1) of this section. Such a participant will file paper documents physically or by mail to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff. Filing by mail is complete upon deposit in the mail. (4) Requesting an exemption. A participant seeking an exemption under paragraphs (a)(2) or (a)(3) of this section must submit the exemption request with its first filing in the proceeding. In the request, the requestor must show good cause as to why it cannot file electronically. The filer may not c…
10:10:1.0.1.1.11.0.76.27	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.27 Computation of time.	NRC	[72 FR 49153, Aug. 28, 2007]	(a) In computing any period of time under this part or in an order issued thereunder, the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday or Sunday, a Federal legal holiday at the place where the action or event is to occur, or a day on which, because of emergency closure of the federal government in Washington, DC, NRC Headquarters does not open for business, in which event it includes the next day that is not a Saturday, Sunday, holiday or emergency closure. (b) When the period of time allowed is less than seven (7) days, intermediate Saturdays, Sundays, Federal legal holidays, and emergency closures shall be excluded from the computation. (c) Whenever an action is required within a prescribed period by a document served pursuant to § 13.26, no additional time is added to the prescribed period except in the following circumstances: (1) If a notice or document is served upon a participant, by first-class mail only, three (3) calendar days will be added to the prescribed period for all the participants in the proceeding. (2) If a notice or document is served upon a participant, by express mail or other expedited service only, two (2) calendar days will be added to the prescribed period for all the participants in the proceeding. (3) If a document is to be served by multiple service methods, such as partially electronic and entirely on an OSM, the additional number of days is computed according to the service method used to deliver the entire document, excluding courtesy copies, to all of the other participants in the proceeding. The presiding officer may determine the calculation of additional days when a participant is not entitled to receive an entire filing served by multiple methods. (4) In mixed service proceedings where all participants are not using the same filing and service method, the number of days for service will be determined by the presiding officer based on considerations of fairness and efficiency. The same num…
10:10:1.0.1.1.11.0.76.28	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.28 Motions.	NRC		(a) Any application to the ALJ for an order or ruling shall be by motion. Motions shall state the relief sought, the authority relied upon, and the facts alleged, and shall be filed with the ALJ and served on all other parties. (b) Except for motions made during a prehearing conference or at the hearing, all motions shall be in writing. The ALJ may require that oral motions be reduced to writing. (c) Within 15 days after a written motion is served, or such other time as may be fixed by the ALJ, any party may file a response to such motion. (d) The ALJ may not grant a written motion before the time for filing responses thereto has expired, except upon consent of the parties or following a hearing on the motion, but may overrule or deny such motion without awaiting a response. (e) The ALJ shall make a reasonable effort to dispose of all outstanding motions prior to the beginning of the hearing.
10:10:1.0.1.1.11.0.76.29	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.29 Sanctions.	NRC		(a) The ALJ may sanction a person, including any party or representative for— (1) Failing to comply with an order, rule, or procedure governing the proceeding; (2) Failing to prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing. (b) Any such sanction, including but not limited to those listed in paragraphs (c), (d), and (e) of this section, shall reasonably relate to the severity and nature of the failure or misconduct. (c) When a party fails to comply with an order, including an order for taking a deposition, the production of evidence within the party's control, or a request for admission, the ALJ may— (1) Draw an inference in favor of the requesting party with regard to the information sought; (2) In the case of requests for admission, deem each matter of which an admission is requested to be admitted; (3) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon testimony relating to the information sought; and (4) Strike any part of the pleadings or other submissions of the party failing to comply with such request. (d) If a party fails to prosecute or defend an action under this part commenced by service of a notice of hearing, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments. (e) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.
10:10:1.0.1.1.11.0.76.3	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.3 Basis for civil penalties and assessments.	NRC	[56 FR 47135, Sept. 18, 1991, as amended at 61 FR 53555, Oct. 11, 1996; 62 FR 59275, Nov. 3, 1997; 65 FR 59273, Oct. 4, 2000; 71 FR 15007, Mar. 27, 2006; 73 FR 54673, Sept. 23, 2008; 81 FR 43021, July 1, 2016; 82 FR 8135, Jan. 24, 2017; 83 FR 1517, Jan. 12, 2018; 84 FR 2435, Feb. 7, 2019; 85 FR 2283, Jan. 15, 2020; 86 FR 3747, Jan. 15, 2021; 87 FR 2312, Jan. 14, 2022; 88 FR 2190, Jan. 13, 2023; 89 FR 2114, Jan. 12, 2024; 90 FR 3614, Jan. 15, 2025; 90 FR 33266, July 17, 2025]	(a) Claims. (1) Any person who makes a claim that the person knows or has reason to know— (i) Is false, fictitious, or fraudulent; (ii) Includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent; (iii) Includes or is supported by any written statement that— (A) Omits a material fact; (B) Is false, fictitious, or fraudulent as a result of such omission; and (C) Is a statement in which the person making such statement has a duty to include such material fact; or (iv) Is for payment for the provision of property or services which the person has not provided as claimed, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $14,308 for each such claim. (2) Each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim. (3) A claim shall be considered made to the authority, recipient, or party when such claim is actually made to an agent, fiscal intermediary or other entity, including any State or political subdivision thereof, acting for or on behalf of the authority, recipient, or party. (4) Each claim for property, services, or money is subject to a civil penalty regardless of whether such property, services, or money is actually delivered or paid. (5) If the Government has made any payment (including transferred property or provided services) on a claim, a person subject to a civil penalty under paragraph (a)(1) of this section shall also be subject to an assessment of not more than twice the amount of such claim or that portion thereof that is determined to be in violation of paragraph (a)(1) of this section. Such assessment shall be in lieu of damages sustained by the Government because of such claim. (b) Statements. (1) Any person who makes a written statement that— (i) The person knows or has reason to know— (A) Asserts a material fact which is false, fictitious, or fraudulent; or (B) Is false, fic…
10:10:1.0.1.1.11.0.76.30	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.30 The hearing and burden of proof.	NRC		(a) The ALJ shall conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under § 13.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors. (b) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence. (c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence. (d) The hearing shall be open to the public unless otherwise ordered by the ALJ for good cause shown.
10:10:1.0.1.1.11.0.76.31	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.31 Determining the amount of penalties and assessments.	NRC		(a) In determining an appropriate amount of civil penalties and assessments, the ALJ and the authority head, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their opinions the reasons that support the penalties and assessments they impose. Because of the intangible costs of fraud, the expense of investigating such conduct, and the need to deter others who might be similarly tempted, ordinarily double damages and a significant civil penalty should be imposed. (b) Although not exhaustive, the following factors are among those that may influence the ALJ and the authority head in determining the amount of penalties and assessments to impose with respect to the misconduct ( i.e., the false, fictitious, or fraudulent claims or statements) charged in the complaint: (1) The number of false, fictitious, or fraudulent claims or statements; (2) The time period over which such claims or statements were made; (3) The degree of the defendant's culpability with respect to the misconduct; (4) The amount of money or the value of the property, services, or benefit falsely claimed; (5) The value of the Government's actual loss as a result of the misconduct, including foreseeable consequential damages and the costs of investigation; (6) The relationship of the amount imposed as civil penalties to the amount of the Government's loss; (7) The potential or actual impact of the misconduct upon national defense, public health or safety, or public confidence in the management of Government programs and operations, including particularly the impact on the intended beneficiaries of such programs; (8) Whether the defendant has engaged in a pattern of the same or similar misconduct; (9) Whether the defendant attempted to conceal the misconduct; (10) The degree to which the defendant has involved others in the misconduct or in concealing it; (11) Where the misconduct of employees or agents is imputed to the defendant, the extent to which the defendant's practices fos…
10:10:1.0.1.1.11.0.76.32	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.32 Location of hearing.	NRC		(a) The hearing may be held— (1) In any judicial district of the United States in which the defendant resides or transacts business; (2) In any judicial district of the United States in which the claim or statement in issue was made; or (3) In such other place as may be agreed upon by the defendant and the ALJ. (b) Each party shall have the opportunity to present argument with respect to the location of the hearing. (c) The hearing shall be held at the place and at the time ordered by the ALJ.
10:10:1.0.1.1.11.0.76.33	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.33 Witnesses.	NRC		(a) Except as provided in paragraph (b) of this section, testimony at the hearing shall be given orally by witnesses under oath or affirmation. (b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any such written statement must be provided to all other parties along with the last known address of such witness, in a manner which allows sufficient time for other parties to subpoena such witness for cross-examination at the hearing. Prior written statements of witnesses proposed to testify at the hearing and deposition transcripts shall be exchanged as provided in § 13.22(a). (c) The ALJ shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to— (1) Make the interrogation and presentation effective for the ascertainment of the truth; (2) Avoid needless consumption of time; and (3) Protect witnesses from harassment or undue embarrassment. (d) The ALJ shall permit the parties to conduct such cross-examination as may be required for a full and true disclosure of the facts. (e) At the discretion of the ALJ, a witness may be cross-examined on matters relevant to the proceeding without regard to the scope of his or her direct examination. To the extent permitted by the ALJ, cross-examination on matters outside the scope of direct examination shall be conducted in the manner of direct examination and may proceed by leading questions only if the witness is a hostile witness, an adverse party, or a witness identified with an adverse party. (f) Upon motion of any party, the ALJ shall order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion of— (1) A party who is an individual; (2) In the case of a party that is not an individual, an officer or employee of the party appearing for the entity pro se or designated by the party's representative; or (3) An individual whose presence is shown by a party to be essential to the presentation of …
10:10:1.0.1.1.11.0.76.34	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.34 Evidence.	NRC		(a) The ALJ shall determine the admissibility of evidence. (b) Except as provided in this part, the ALJ shall not be bound by the Federal Rules of Evidence. However, the ALJ may apply the Federal Rules of Evidence where appropriate, e.g., to exclude unreliable evidence. (c) The ALJ shall exclude irrelevant and immaterial evidence. (d) Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or by considerations of undue delay or needless presentation of cumulative evidence. (e) Although relevant, evidence may be excluded if it is privileged under Federal law. (f) Evidence concerning offers of compromise or settlement shall be inadmissible to the extent provided in Rule 408 of the Federal Rules of Evidence. (g) The ALJ shall permit the parties to introduce rebuttal witnesses and evidence. (h) All documents and other evidence offered or taken for the record shall be open to examination by all parties, unless otherwise ordered by the ALJ pursuant to § 13.24.
10:10:1.0.1.1.11.0.76.35	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.35 The record.	NRC		(a) The hearing will be recorded and transcribed. Transcripts may be obtained following the hearing from the ALJ at a cost not to exceed the actual cost of duplication. (b) The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed in the proceeding constitute the record for the decision by the ALJ and the authority head. (c) The record may be inspected and copied (upon payment of a reasonable fee) by anyone, unless otherwise ordered by the ALJ pursuant to § 13.24.
10:10:1.0.1.1.11.0.76.36	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.36 Post-hearing briefs.	NRC		The ALJ may require the parties to file post-hearing briefs. In any event, any party may file a post-hearing brief. The ALJ shall fix the time for filing such briefs, not to exceed 60 days from the date the parties receive the transcript of the hearing or, if applicable, the stipulated record. Such briefs may be accompanied by proposed findings of fact and conclusions of law. The ALJ may permit the parties to file reply briefs.
10:10:1.0.1.1.11.0.76.37	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.37 Initial decision.	NRC		(a) The ALJ shall issue an initial decision based only on the record, which shall contain findings of fact, conclusions of law, and the amount of any penalties and assessments imposed. (b) The findings of fact shall include a finding on each of the following issues: (1) Whether the claims or statements identified in the complaint, or any portions thereof, violate § 13.3; and (2) If the person is liable for penalties or assessments, the appropriate amount of any such penalties or assessments considering any mitigating or aggravating factors that he or she finds in the case, such as those described in § 13.31. (c) The ALJ shall promptly serve the initial decision on all parties within 90 days after the time for submission of post-hearing briefs and reply briefs (if permitted) has expired. The ALJ shall at the same time serve all parties with a statement describing the right of any defendant determined to be liable for a civil penalty or assessment to file a motion for reconsideration with the ALJ or a notice of appeal with the authority head. If the ALJ fails to meet the deadline contained in this paragraph, he or she shall notify the parties of the reason for the delay and shall set a new deadline. (d) Unless the initial decision of the ALJ is timely appealed to the authority head, or a motion for reconsideration of the initial decision is timely filed, the initial decision shall constitute the final decision of the authority head and shall be final and binding on the parties 30 days after it is issued by the ALJ.
10:10:1.0.1.1.11.0.76.38	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.38 Reconsideration of initial decision.	NRC		(a) Except as provided in paragraph (d) of this section, any party may file a motion for reconsideration of the initial decision within 20 days of receipt of the initial decision. If service was made by mail, receipt will be presumed to be five days from the date of mailing in the absence of contrary proof. (b) Every such motion must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Such motion shall be accompanied by a supporting brief. (c) Responses to such motions shall be allowed only upon request of the ALJ. (d) No party may file a motion for reconsideration of an initial decision that has been revised in response to a previous motion for reconsideration. (e) The ALJ may dispose of a motion for reconsideration by denying it or by issuing a revised initial decision. (f) If the ALJ denies a motion for reconsideration, the initial decision shall constitute the final decision of the authority head and shall be final and binding on the parties 30 days after the ALJ denies the motion, unless the initial decision is timely appealed to the authority head in accordance with § 13.39. (g) If the ALJ issues a revised initial decision, that decision shall constitute the final decision of the authority head and shall be final and binding on the parties 30 days after it is issued, unless it is timely appealed to the authority head in accordance with § 13.39.
10:10:1.0.1.1.11.0.76.39	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.39 Appeal to authority head.	NRC		(a) Any defendant who has filed a timely answer and who is determined in an initial decision to be liable for a civil penalty or assessment may appeal such decision to the authority head by filing a notice of appeal with the authority head in accordance with this section. (b)(1) A notice of appeal may be filed at any time within 30 days after the ALJ issues an initial decision. However, if another party files a motion for reconsideration under § 13.38, consideration of the appeal shall be stayed automatically pending resolution of the motion for reconsideration. (2) If a motion for reconsideration is timely filed, a notice of appeal may be filed within 30 days after the ALJ denies the motion or issues a revised initial decision, whichever applies. (3) The authority head may extend the initial 30 day period for an additional 30 days if the defendant files with the authority head a request for an extension within the initial 30 day period and shows good cause. (c) If the defendant files a timely notice of appeal with the authority head and the time for filing motions for reconsideration under § 13.38 has expired, the ALJ shall forward the record of the proceeding to the authority head. (d) A notice of appeal shall be accompanied by a written brief specifying exceptions to the initial decision and reasons supporting the exceptions. (e) The representative for the Government may file a brief in opposition to exceptions within 30 days of receiving the notice of appeal and accompanying brief. (f) There is no right to appear personally before the authority head. (g) There is no right to appeal any interlocutory ruling by the ALJ. (h) In reviewing the initial decision, the authority head shall not consider any objection that was not raised before the ALJ unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. (i) If any party demonstrates to the satisfaction of the authority head that additional evidence not presented at each hearing is material and that there we…
10:10:1.0.1.1.11.0.76.4	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.4 Investigation.	NRC	[56 FR 47135, Sept. 18, 1991, as amended at 90 FR 33266, July 17, 2025]	(a) If an investigating official concludes that a subpoena pursuant to the authority conferred by 31 U.S.C. 3804(a) is warranted— (1) The subpoena so issued shall notify the person to whom it is addressed of the authority under which the subpoena is issued and shall identify the records or documents sought; (2) The investigating official may designate a person to act on his or her behalf to receive the documents sought; and (3) The person receiving such subpoena shall be required to tender to the investigating official or the person designated to receive the documents a certification that the documents sought have been produced, or that such documents are not available and the reasons therefor, or that such documents, suitably identified, have been withheld based upon the assertion of an identified privilege. (b) If the investigating official concludes that an action under the Administrative False Claims Act may be warranted, the investigating official shall submit a report containing the findings and conclusions of such investigation to the reviewing official. To the extent possible, before initiating an investigation or submitting a report involving a licensee false statement to the reviewing official, the investigating official shall consult with the Executive Director for Operations to ascertain whether any other agency action is under consideration, pending, or may be taken with regard to the licensee, and to allow for coordination between any action under this part and other enforcement action. (c) Nothing in this section shall preclude or limit an investigating official's discretion to refer allegations directly to the Department of Justice for suit under the False Claims Act or other civil relief, or to refer the matter to the Executive Director for Operations for enforcement action under the Atomic Energy Act, or to defer initiating an investigation or postpone a report or referral to the reviewing official to avoid interference with other enforcement action by the Commission or with a criminal inve…
10:10:1.0.1.1.11.0.76.40	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.40 Stays ordered by the Department of Justice.	NRC		If at any time the Attorney General or an Assistant Attorney General designated by the Attorney General transmits to the authority head a written finding that continuation of the administrative process described in this part with respect to a claim or statement may adversely affect any pending or potential criminal or civil action related to such claim or statement, the authority head shall stay the process immediately. The authority head may order the process resumed only upon receipt of the written authorization of the Attorney General.
10:10:1.0.1.1.11.0.76.41	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.41 Stay pending appeal.	NRC		(a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the authority head. (b) No administrative stay is available following a final decision of the authority head.
10:10:1.0.1.1.11.0.76.42	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.42 Judicial review.	NRC		Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head imposing penalties or assessments under this part and specifies the procedures for such review.
10:10:1.0.1.1.11.0.76.43	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.43 Collection of civil penalties and assessments.	NRC		Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions.
10:10:1.0.1.1.11.0.76.44	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.44 Right to administrative offset.	NRC		The amount of any penalty or assessment which has become final, or for which a judgment has been entered under § 13.42 or § 13.43, or any amount agreed upon in a compromise or settlement under § 13.46, may be collected by administrative offset under 31 U.S.C. 3716, except that an administrative offset may not be made under this subsection against a refund of an overpayment of Federal taxes, then or later owing by the United States to the defendant.
10:10:1.0.1.1.11.0.76.45	10	Energy	I	13	PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS			§ 13.45 Recovery of Costs and Deposit in Treasury of United States.	NRC	[90 FR 33266, July 17, 2025]	(a) Any amount collected under this part shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs. (b) Any amount reimbursed under paragraph (a) of this section shall be deposited in the appropriations account of the authority or other Federal entity from which the costs described in paragraph (a) of this section were obligated, a similar appropriations account of the authority or other Federal entity; or if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and remain available until expended. (c) Any amounts remaining after reimbursements described in paragraph (a) of this section pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g).

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