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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:1.0.1.1.5.0.56.1 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.1 Policy. | NRC | [54 FR 26948, June 27, 1989, as amended at 67 FR 79838, Dec. 31, 2002] | The regulations in this part define the policies and procedures to be followed by the Nuclear Regulatory Commission in the establishment, utilization, and termination of advisory committees. In general, it is the policy of the Commission that— (a) Except where there is express legal authority to the contrary, the function of NRC advisory committees shall be advisory only. (b) Each NRC advisory committee shall function in compliance with the Federal Advisory Committee Act and this part. (c) The number of NRC advisory committees shall be kept to the minimum necessary, and the number of members of each NRC advisory committee shall be limited to the fewest necessary to accomplish committee objectives. (d)(1) An NRC advisory committee shall be established only: (i) When establishment of the committee is required by law; (ii) When the Commission determines that the committee is essential to the conduct of NRC business; or (iii) When the information to be obtained is not available through an existing advisory committee or a source within the Federal Government. (2) Before establishing an advisory committee, the Commission shall consider whether: (i) Committee deliberations will result in a significant contribution to the creation, amendment, or elimination of regulations, guidelines, or rules affecting NRC business; (ii) The information to be obtained is available through another source within the Federal Government; (iii) The committee will make recommendations resulting in significant improvements in service or reductions in cost; or (iv) The committee's recommendations will provide an important additional perspective or viewpoint relating to NRC's mission. The advice or recommendations of an advisory committee should be the result of the advisory committee's independent judgment. (e) Except where otherwise required by law, an NRC advisory committee shall be terminated whenever the stated objectives of the committee have been accomplished, the subject matter or work of the committee has become obsolete, t… | ||||||
| 10:10:1.0.1.1.5.0.56.10 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.10 The NRC Advisory Committee Management Officer. | NRC | [54 FR 26948, June 27, 1989; 54 FR 28554, July 6, 1989; 54 FR 31646, Aug. 1, 1989; 64 FR 48949, Sept. 9, 1999; 67 FR 79841, Dec. 31, 2002] | (a) The Chairman of the Commission or designee shall appoint an NRC Advisory Committee Management Officer to carry out the functions specified in paragraph (b) of this section. (b) The NRC Advisory Committee Management Officer shall— (1) Carry out all responsibilities relating to NRC advisory committees delegated to such officer by the Commission; (2) Ensure that administrative guidelines and management controls are issued that apply to all NRC advisory committees; (3) Exercise control and supervision over the establishment, procedures, and accomplishments of NRC advisory committees; (4) Assemble and maintain the reports, records, and other papers of any such committee during this existence; (5) Carry out, on behalf of the NRC, the provisions of the Freedom of Information Act (5 U.S.C. 552) and implementing NRC regulations (10 CFR part 9, subpart A) with respect to such reports, records, and other papers; (6) Ensure that, subject to the Freedom of Information Act and implementing NRC regulations at 10 CFR part 9, subpart A, copies of the records, reports, transcript minutes, appendices, working papers, drafts, studies, agenda, or other documents that were made available to or prepared for or by each NRC advisory committee are available for public inspection and copying at the NRC Web site, http://www.nrc.gov, at the NRC Public Document Room, or both, until the advisory committee ceases to exist; (7) Ensure that, subject to the Freedom of Information Act and implementing NRC regulations, at least eight copies of each report made by each NRC advisory committee and, where appropriate, background papers prepared by consultants, shall be filed with the Library of Congress; (8) Ensure that NRC keeps such records as will fully disclose the disposition of any funds that may be at the disposal of NRC advisory committees and the nature and extent of their activities; and (9) Ensure that NRC keeps such other records and provides such support services as are required by § 7.22. (c) For purposes of paragraph (b) … | ||||||
| 10:10:1.0.1.1.5.0.56.11 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.11 The Designated Federal Officer. | NRC | [67 FR 79841, Dec. 31, 2002] | (a) The Chairman of the Commission or designee shall appoint a Designated Federal Officer or alternate Designated Federal Officer for each NRC advisory committee. The individual holding either position must be employed by the Federal Government on either a full-time or a permanent part-time basis. (b) All meetings of an NRC advisory committee must be convened or approved by the committee's Designated Federal Officer or alternate, and the agenda for each committee meeting (except a meeting of a Presidential advisory committee) must be approved by that individual. (c) An NRC advisory committee may not hold a meeting in the absence of its Designated Federal Officer or alternate. (d) It shall also be the responsibility of the Designated Federal Officer or alternate to: (1) Attend all meetings of the committee for which he or she has been appointed; (2) Adjourn the meetings of the committee when such adjournment is in the public interest; (3) Chair the meetings of the committee when so directed by the Commission; (4) Ensure compliance with the requirements of § 7.13 regarding minutes of meetings of the committee; and (5) Make copies of committee documents required to be maintained for public inspection and copying pursuant to § 7.14(b) and ensure their availability at the NRC Web site, http://www.nrc.gov, at the NRC Public Document Room, or both. | ||||||
| 10:10:1.0.1.1.5.0.56.12 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.12 Public participation in and public notice of advisory committee meetings. | NRC | [54 FR 26948, June 27, 1989, as amended at 67 FR 79841, Dec. 31, 2002] | (a) Each meeting of an NRC advisory committee shall be held at a reasonable time and in a place reasonably accessible to the public, including persons with disabilities. Any advisory committee meeting conducted in whole or part by teleconference, video conference, the Internet, or other electronic medium must comply with this section. The size of the meeting room must be sufficient to accommodate advisory committee members, committee or agency staff, and interested members of the public, except that the provisions of this paragraph relating to the room size shall not apply to any part of an NRC advisory committee meeting that has been closed pursuant to § 7.15. (b) Any member of the public who wishes to do so shall be permitted to file a written statement with an NRC advisory committee regarding any matter discussed at a meeting of the committee. The committee chairman may also permit members of the public to speak at meetings of the committee in accordance with procedures established by the committee. (c)(1) Except when the President or designee determines in writing that no notice should be published for reasons of national security, at least 15 days prior to an NRC advisory committee meeting, a notice that includes the following information shall be published in the Federal Register: (i) The exact name of the advisory committee as chartered; (ii) The time, date, place, and purpose of the meeting; (iii) A summary of the agenda of the meeting; (iv) Whether all or part of the meeting is open to the public; and (v) The name and telephone number of the Designated Federal Officer, alternate, or other responsible agency employee who may be contacted for additional information concerning the meeting. (2) If any part of the meeting is closed, the notice shall provide the reasons for the closure, citing the specific matter that has been determined to justify the closure under § 7.15. The Commission may publish a single notice announcing multiple meetings; however, a meeting may not be announced so far in advanc… | ||||||
| 10:10:1.0.1.1.5.0.56.13 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.13 Minutes of advisory committee meetings. | NRC | [54 FR 26948, June 27, 1989, as amended at 67 FR 79842, Dec. 31, 2002] | (a) Detailed minutes shall be kept of each NRC advisory committee meeting. The minutes shall include the following information: (1) The time, date, and place of the meeting; (2) A list of the attendees at the meeting who are advisory committee members or staff, agency employees, or members of the public who presented oral or written statements; (3) An estimate of the number of other members of the public who were present; (4) The extent of public participation; and (5) An accurate description of each matter discussed during the meeting and its resolution, if any, by the committee. (b) The minutes of an NRC advisory committee meeting shall include a copy of each report or other document received, issued, or approved by the committee in connection with the meeting. If it is impracticable to attach a document to the minutes, the minutes shall describe the document in sufficient detail to permit it to be identified readily. (c) The chairperson of an NRC advisory committee shall certify the accuracy of the minutes of each of the committee's meetings. (d) A verbatim transcript of an advisory committee meeting may be substituted for minutes required by this section, providing that the use of such a transcript is in accordance with the requirements of paragraphs (a), (b), and (c) of this section. | ||||||
| 10:10:1.0.1.1.5.0.56.14 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.14 Public information on advisory committees. | NRC | [67 FR 79842, Dec. 31, 2002] | (a) The Nuclear Regulatory Commission shall maintain systematic information on the nature, functions, and operations of each NRC advisory committee. A complete set of the charters of NRC advisory committees and copies of the annual reports required by § 7.17(a) will be maintained for public inspection at either the NRC Web site, http://www.nrc.gov, at the NRC Public Document Room, or both. (b) Subject to the provisions of the Freedom of Information Act (5 U.S.C. 552) and NRC's Freedom of Information Act regulations at 10 CFR part 9, subpart A, copies of NRC advisory committees' records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents shall be maintained for public inspection and copying at the NRC Web site, http://www.nrc.gov, at the NRC Public Document Room, or both. To provide the public a meaningful opportunity to comprehend fully the work undertaken by an NRC advisory committee, advisory committee records should be available to the public as soon as practicable. Members of the public or other interested parties may review non-exempt advisory committee records without filing a request for these records under the Freedom of Information Act. (c) Official records generated by or for an advisory committee must be retained for the duration of the advisory committee. Upon termination of the advisory committee, the records must be processed in accordance with the Federal Records Act (44 U.S.C. Chapters 21, 29-33) and regulations issued by the National Archives and Records Administration ( see 36 CFR Parts 1220, 1222, 1228, and 1234), or in accordance with the Presidential Records Act (44 U.S.C. Chapter 22). | ||||||
| 10:10:1.0.1.1.5.0.56.15 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.15 Procedures for closing an NRC advisory committee meeting. | NRC | [67 FR 79842, Dec. 31, 2002] | (a) To close all or part of a meeting of an NRC advisory committee, the committee shall submit a written request for closure to the General Counsel, citing specific exemptions listed in the Government in the Sunshine Act (5 U.S.C. 552b), as implemented by 10 CFR 9.104, that justify the closure. The request shall provide the General Counsel sufficient time for review in order to make a determination prior to publication of the meeting notice pursuant to § 7.12. (b) If the General Counsel finds that the request for closure is consistent with the provisions of the Government in the Sunshine Act and this part, a determination shall be issued in writing that all or part of the meeting will be closed. The determination shall include a statement of the reasons for the closing, citing the applicable exemptions in the Government in the Sunshine Act (as implemented by 10 CFR 9.104). (c) Except when the President or designee determines in writing that no notice should be published for reasons of national security, the Secretary of the Commission shall make a copy of the determination to close all or part of an NRC advisory committee meeting available to the public upon request. If such a determination has been issued, the meeting notice published in the Federal Register should comply with the provisions of § 7.12 applicable to closed meetings. | ||||||
| 10:10:1.0.1.1.5.0.56.16 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.16 Annual comprehensive review. | NRC | [54 FR 26948, June 27, 1989, as amended at 67 FR 79842, Dec. 31, 2002] | (a) The Chairman of the Commission shall conduct an annual comprehensive review of the activities and responsibilities of each NRC advisory committee to determine whether the committee— (1) Is carrying out its purposes or, consistent with the provisions of applicable statutes, its responsibilities should be revised. (2) Should be merged with another advisory committee. (3) Should be terminated. (b) The comprehensive review required by paragraph (a) of this section shall include consideration of such information regarding the committee as is required for the Commission's annual report to the GSA Secretariat pursuant to § 7.17(a) and such other information as may be requested from the Committee by the NRC Advisory Committee Management Officer. The results of such review shall be included in the annual report to the GSA Secretariat. (c) If, as a result of the review required by this section, the Commission determines that an advisory committee is no longer needed, the committee shall be terminated; except that in the case of an advisory committee established by an Act of Congress or the President, the committee's termination shall be recommended to the President or the Congress, as the case may be. | ||||||
| 10:10:1.0.1.1.5.0.56.17 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.17 Reports required for advisory committees. | NRC | [67 FR 79842, Dec. 31, 2002] | (a) The Commission shall furnish a report on the activities of NRC advisory committees annually to the Committee Management Secretariat on a fiscal year basis. The report must contain information regarding NRC advisory committees consistent with instructions provided by the Committee Management Secretariat. A copy of the report shall be made available at the NRC Web site, http://www.nrc.gov, at the NRC Public Document Room, or both. The information provided by the Commission regarding its advisory committees is contained in the Committee Management Secretariat's report which is available on its Web site, http://www.gsa.gov/committeemanagement. (b) Any NRC advisory committee holding closed or partially closed meetings shall issue a report, at least annually, setting forth a summary of its activities consistent with the policy of the Government in the Sunshine Act (5 U.S.C. 552b), as implemented by 10 CFR 9.104. A copy of the report shall be made available at the NRC Web site, http://www.nrc.gov, at the NRC Public Document Room, or both. (c) Subject to the Freedom of Information Act (5 U.S.C. 552) and implementing NRC regulations (10 CFR part 9, subpart A), eight copies of each report made by an advisory committee, including any report on closed meetings pursuant to paragraph (b) of this section, and, where appropriate, background papers prepared by consultants, shall be filed for public inspection and use with the Library of Congress, Anglo-American Acquisitions Division, Government Documents Section, Federal Advisory Committee Desk, 101 Independence Avenue, SE., Washington, DC 20540-4172. | ||||||
| 10:10:1.0.1.1.5.0.56.18 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.18 Appointment, compensation, and expense reimbursement of advisory committee members, staffs, and consultants. | NRC | [67 FR 79843, Dec. 31, 2002] | (a) Unless otherwise provided by law, advisory committee members serve at the pleasure of the Commission and their terms are at the sole discretion of the Commission. (b) Except where otherwise provided by law, the Commission may accept the gratuitous services of an NRC advisory committee member, staff member, or consultant who agrees in advance to serve without compensation. (c)(1) Subject to the provisions of paragraph (c)(2) of this section, if the Commission determines that compensation of a member of an NRC advisory committee is appropriate, the amount that will be paid shall be fixed by the Chairman of the Commission at a rate that is the daily equivalent of a rate in NRC's General Grade Salary Schedule, unless the member is appointed as a consultant and compensated at a rate applicable to NRC consultants. (2) In determining an appropriate rate of pay for a member of an NRC advisory committee, the Chairman of the Commission shall give consideration to the significance, scope, and technical complexity of the matters with which the advisory committee is concerned and the qualifications required of the committee member; provided that the Chairman may not set the rate of pay for an NRC advisory committee member higher than the daily equivalent rate for level IV of the Executive Schedule under 5 U.S.C. 5315, unless a higher rate is expressly allowed by another statute. The Chairman may authorize a rate of basic pay in excess of the maximum rate of basic pay established for NRC's General Grade Salary Schedule. This maximum rate includes an applicable locality payment. The Commission may pay advisory committee members on either an hourly or a daily rate basis. The Commission may not provide additional compensation in any form, such as bonuses or premium pay. The Chairman may not delegate the responsibility for making a determination that a higher rate of pay than that established by NRC's General Grade Salary Schedule is necessary and justified for an NRC advisory committee member, and such a determination must… | ||||||
| 10:10:1.0.1.1.5.0.56.19 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.19 Advisory committee members with disabilities. | NRC | [67 FR 79843, Dec. 31, 2002] | An NRC advisory committee member who is disabled may be provided services by a personal assistant while performing advisory committee duties, if the member; (a) Qualifies as disabled under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 794) ; and (b) Does not otherwise qualify for assistance under 5 U.S.C. 3102 by reason of being an employee of NRC. | ||||||
| 10:10:1.0.1.1.5.0.56.2 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.2 Definitions. | NRC | [67 FR 79839, Dec. 31, 2002, as amended at 80 FR 74978, Dec. 1, 2015] | Act means the Federal Advisory Committee Act, as amended, 5 U.S.C. App. Administrator means the Administrator of General Services. Advisory committee means any committee, board, commission, council, conference, panel, task force, or similar group, or any subcommittee or other subgroup thereof, that is established by statute for the purpose of providing advice or recommendations on issues of policy to an official, branch, or agency of the Federal Government, or that is established or utilized by the President or any agency official to obtain advice or recommendations on issues or policies that fall within the scope of his or her responsibilities, except that the term “advisory committee” does not include the following advisory meetings or groups: (1) Any group composed wholly of full-time officers or employees of the Federal Government; (2) Any group specifically exempted from the Act or these regulations by an Act of Congress; (3) Any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to any State or local government unit or an official thereof; (4) Any group that performs primarily operational functions specifically provided by law. Operational functions are those specifically authorized by statute or Presidential directive, such as making or implementing Government decisions or policy, as long as the group does not become primarily advisory in nature; (5) Any meeting initiated by the President or one or more Federal employees for the purpose of obtaining advice or recommendations from one individual; (6) Any meeting between an NRC employee with a non-governmental individual or group where advice or recommendations are provided by the attendees on an individual basis and are not sought from the group as a whole; (7) Any meeting with a committee or group created by a non-Federal entity that is not managed or controlle… | ||||||
| 10:10:1.0.1.1.5.0.56.20 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.20 Conflict of interest reviews of advisory committee members' outside interests. | NRC | [67 FR 79843, Dec. 31, 2002] | The Designated Federal Officer or alternate for each NRC advisory committee and the General Counsel or designee shall review the interests and affiliations of each member of the Designated Federal Officer's advisory committee annually, and upon the commencement of the member's appointment to the committee, for the purpose of ensuring that such appointment is consistent with the laws and regulations on conflict of interest applicable to that member. | ||||||
| 10:10:1.0.1.1.5.0.56.21 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.21 Cost of duplication of documents. | NRC | Copies of the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, or other documents that were made available to or prepared for or by an NRC advisory committee shall be made available to any person at the actual cost of duplication prescribed in part 9 of this chapter. (For availability of information on advisory committees, see § 7.14.) | |||||||
| 10:10:1.0.1.1.5.0.56.22 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.22 Fiscal and administrative responsibilities. | NRC | [54 FR 26948, June 27, 1989, as amended at 63 FR 15742, Apr. 1, 1998; 80 FR 74978, Dec. 1, 2015] | (a) The Office of the Chief Financial Officer shall keep such records as will fully disclose the disposition of any funds that may be at the disposal of NRC advisory committees. (b) The Office of the Chief Information Officer shall keep such records as will fully disclose the nature and extent of activities of NRC advisory committees. (c) NRC shall provide support services (including staff support and meeting space) for each advisory committee established by or reporting to it unless the establishing authority provides otherwise. Where any such advisory committee reports to another agency in addition to NRC, only one agency shall be responsible for support services at any one time, and the establishing authority shall designate the agency responsible for providing such services. | ||||||
| 10:10:1.0.1.1.5.0.56.3 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.3 Interpretations. | NRC | Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by an NRC officer or employee, other than a written interpretation by the General Counsel, shall be binding upon the Commission. | |||||||
| 10:10:1.0.1.1.5.0.56.4 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.4 Establishment of advisory committees. | NRC | (a) An NRC advisory committee may be established under this part only if its establishment— (1) Is specifically directed or authorized by statute or by Executive Order of the President; or (2) Has been determined by the Commission to be in the public interest and essential to the performance of the duties imposed on the Commission by law. The determination required by paragraph (a)(2) of this section shall be a matter of formal record, and shall include a statement of a clearly defined purpose for the advisory committee. | |||||||
| 10:10:1.0.1.1.5.0.56.5 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.5 Consultation with Committee Management Secretariat on establishment of advisory committees; advisory committee charters. | NRC | [67 FR 79840, Dec. 31, 2002] | (a) Before establishing a discretionary advisory committee, the NRC shall consult with the Committee Management Secretariat. With a full understanding of the background and purpose behind the proposed advisory committee, the Committee Management Secretariat may share its knowledge and experience with the NRC on how best to make use of the proposed committee, alternate methods of attaining the agency's purpose, or whether a pre-existing advisory committee performs similar functions. Such consultation should include the transmittal of the proposed committee charter and the following information: (1) A request for a review of the proposed charter; (2) An explanation stating why the committee is essential to the conduct of NRC business and is in the public interest; (3) An explanation stating why the committee's functions cannot be performed by the NRC, an existing NRC advisory committee, or other means (such as a public hearing); and (4) A description of NRC's plan to attain balanced membership on the committee. The plan must ensure that, in the selection of members for the advisory committee, the NRC will consider a cross-section of those directly affected, interested, and qualified, as appropriate to the nature and functions of the committee. For purposes of attaining balance in an NRC advisory committee's membership, the Commission shall consider for membership interested persons and groups with professional, technical, or personal qualifications or experience that will contribute to the functions and tasks to be performed. (b) Each proposed committee charter submitted for review pursuant to paragraph (a) of this section shall contain the following information: (1) The committee's official designation; (2) The committee's objectives and the scope of its activity; (3) The period of time necessary for the committee to carry out its purposes; (4) The NRC official to whom the committee will report; (5) The NRC office responsible for providing support for the committee; (6) A description of the duties that … | ||||||
| 10:10:1.0.1.1.5.0.56.6 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.6 Amendment to advisory committee charters. | NRC | [67 FR 79840, Dec. 31, 2002] | (a) Final authority for amending the charter of an NRC advisory committee established or utilized by the NRC is vested in the Commission. (b) Any proposed changes made to a current charter for an NRC advisory committee shall be coordinated with the General Counsel to ensure that they are consistent with applicable legal requirements. When a statute or Executive Order that directed or authorized the establishment of an advisory committee is amended, those sections of the advisory committee's charter affected by the amendments shall also be amended. (c)(1) The charter of an NRC advisory committee established under general agency authority may be amended when the Commission determines that the existing charter no longer reflects the objectives or functions of the committee. Such changes may be minor (such as revising the name of the advisory committee or modifying the estimated number or frequency of meetings), or they may be major (such as revising the objectives or composition of the committee). (2) The procedures in paragraph (b) of this section shall be used in the case of charter amendments involving minor changes. A proposed major amendment to the charter of an advisory committee established under general agency authority shall be submitted to the Committee Management Secretariat for review with an explanation of the purpose of the changes and why they are necessary. (3) A committee charter that has been amended pursuant to this paragraph is subject to the filing requirements set forth in § 7.8. (4) Amendment of an existing advisory committee charter pursuant to this paragraph does not constitute renewal of the committee for purposes of § 7.7. | ||||||
| 10:10:1.0.1.1.5.0.56.7 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.7 Termination, renewal, and rechartering of advisory committees. | NRC | [54 FR 26948, June 27, 1989, as amended at 67 FR 79840, Dec. 31, 2002] | (a) Except as provided in paragraph (b)(1) of this section, each NRC advisory committee shall terminate two years after it is established, reestablished, or renewed, unless— (1) It has been terminated sooner; (2) It has been renewed or reestablished before the end of such period in accordance with the procedures set forth in paragraph (b) of this section; or (3) Its duration has been otherwise designated by law. The NRC Committee Management Officer shall notify the Committee Management Secretariat of the effective date of termination of any advisory committee that has been terminated by the NRC. (b)(1) An NRC advisory committee that is established by statute shall require rechartering by the filing of a new charter every 2 years after the date of enactment of the statute establishing the committee. If a new charter is not filed, the committee is not terminated, but it may not meet or take any actions. (2) Any other NRC advisory committee may be renewed, provided that such renewal is carried out in compliance with the procedures set forth in § 7.5, except that an advisory committee established by the President may be renewed by appropriate action of the President and the filing of a new charter. Renewal of an NRC advisory committee shall not be deemed to terminate the appointment of any committee member who was previously appointed to serve on the committee. | ||||||
| 10:10:1.0.1.1.5.0.56.8 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.8 Charter filing requirements. | NRC | [67 FR 79841, Dec. 31, 2002] | No advisory committee may meet or take any action until a charter has been filed by the Committee Management Officer designated in accordance with § 7.10. (a) To establish, renew, or reestablish a discretionary advisory committee, a charter must be filed with: (1) The Commission; (2) The Committee on Environment and Public Works of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives; (3) The Library of Congress, Anglo-American Acquisitions Division, Government Documents Section, Federal Advisory Committee Desk, 101 Independence Avenue, S.E., Washington, DC 20540-4172; and (4) The Committee Management Secretariat, indicating the date the charter was filed with the congressional committees. (b) Charter filing requirements for non-discretionary advisory committees are the same as those in paragraph (a) of this section, except the date of establishment for a Presidential advisory committee is the date the charter is filed with the Secretariat. (c) Subcommittees that report directly to a Federal employee or agency must comply with this subpart. | ||||||
| 10:10:1.0.1.1.5.0.56.9 | 10 | Energy | I | 7 | PART 7—ADVISORY COMMITTEES | § 7.9 Public notice of advisory committee establishment, reestablishment, or renewal. | NRC | [67 FR 79841, Dec. 31, 2002] | (a) After the Commission has received notice from the Committee Management Secretariat that its review of a proposal to establish, reestablish, renew, or utilize an NRC discretionary advisory committee has been completed, the Commission shall publish a notice in the Federal Register that the committee is being established, reestablished, renewed, or utilized. In the case of a new committee, the notice shall also describe the nature and purpose of the committee and shall include a statement that the committee is necessary and in the public interest. (b) Notices required to be published pursuant to paragraph (a) of this section shall be published at least 15 calendar days before the committee charter is filed pursuant to § 7.8, except that the Committee Management Secretariat may approve publication for less than 15 days for good cause shown. The 15-day advance notice requirement does not apply to advisory committee renewals, notices of which may be published concurrently with the filing of the charter. | ||||||
| 17:17:1.0.1.1.6.1.7.1 | 17 | Commodity and Securities Exchanges | I | 7 | PART 7—REGISTERED ENTITY RULES ALTERED OR SUPPLEMENTED BY THE COMMISSION | A | Subpart A—General Provisions | § 7.1 Scope of rules. | CFTC | This part sets forth registered entity rules altered or supplemented by the Commission pursuant to section 8a(7) of the Act. | |||||
| 21:21:1.0.1.1.6.1.98.1 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | A | Subpart A—General Provisions | § 7.1 Scope. | FDA | [43 FR 26218, June 16, 1978, as amended at 65 FR 56476, Sept. 19, 2000] | This part governs the practices and procedures applicable to regulatory enforcement actions initiated by the Food and Drug Administration pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq. ) and other laws that it administers. This part also provides guidance for manufacturers and distributors to follow with respect to their voluntary removal or correction of marketed violative products. This part is promulgated to clarify and explain the regulatory practices and procedures of the Food and Drug Administration, enhance public understanding, improve consumer protection, and assure uniform and consistent application of practices and procedures throughout the agency. | |||
| 21:21:1.0.1.1.6.1.98.2 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | A | Subpart A—General Provisions | § 7.3 Definitions. | FDA | [42 FR 15567, Mar. 22, 1977, as amended at 43 FR 26218, June 16, 1978; 44 FR 12167, Mar. 6, 1979; 77 FR 5176, Feb. 2, 2012] | (a) Agency means the Food and Drug Administration. (b) Citation or cite means a document and any attachments thereto that provide notice to a person against whom criminal prosecution is contemplated of the opportunity to present views to the agency regarding an alleged violation. (c) Respondent means a person named in a notice who presents views concerning an alleged violation either in person, by designated representative, or in writing. (d) Responsible individual includes those in positions of power or authority to detect, prevent, or correct violations of the Federal Food, Drug, and Cosmetic Act. (e) [Reserved] (f) Product means an article subject to the jurisdiction of the Food and Drug Administration, including any food, drug, and device intended for human or animal use, any cosmetic and biologic intended for human use, any tobacco product intended for human use, and any item subject to a quarantine regulation under part 1240 of this chapter. Product does not include an electronic product that emits radiation and is subject to parts 1003 and 1004 of this chapter. (g) Recall means a firm's removal or correction of a marketed product that the Food and Drug Administration considers to be in violation of the laws it administers and against which the agency would initiate legal action, e.g., seizure. Recall does not include a market withdrawal or a stock recovery. (h) Correction means repair, modification, adjustment, relabeling, destruction, or inspection (including patient monitoring) of a product without its physical removal to some other location. (i) Recalling firm means the firm that initiates a recall or, in the case of a Food and Drug Administration-requested recall, the firm that has primary responsibility for the manufacture and marketing of the product to be recalled. (j) Market withdrawal means a firm's removal or correction of a distributed product which involves a minor violation that would not be subject to legal action by the Food and Drug Administration or which i… | |||
| 21:21:1.0.1.1.6.1.98.3 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | A | Subpart A—General Provisions | § 7.12 Guaranty. | FDA | In case of the giving of a guaranty or undertaking referred to in section 303(c)(2) or (3) of the act, each person signing such guaranty or undertaking shall be considered to have given it. | ||||
| 21:21:1.0.1.1.6.1.98.4 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | A | Subpart A—General Provisions | § 7.13 Suggested forms of guaranty. | FDA | (a) A guaranty or undertaking referred to in section 303(c)(2) of the act may be: (1) Limited to a specific shipment or other delivery of an article, in which case it may be a part of or attached to the invoice or bill of sale covering such shipment or delivery, or (2) General and continuing, in which case, in its application to any shipment or other delivery of an article, it shall be considered to have been given at the date such article was shipped or delivered by the person who gives the guaranty or undertaking. (b) The following are suggested forms of guaranty or undertaking under section 303(c)(2) of the act: (1) Limited form for use on invoice or bill of sale. (Name of person giving the guaranty or undertaking) hereby guarantees that no article listed herein is adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, or is an article which may not, under the provisions of section 404, 505, or 512 of the act, be introduced into interstate commerce. (Signature and post-office address of person giving the guaranty or undertaking.) (Name of person giving the guaranty or undertaking) hereby guarantees that no article listed herein is adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, or is an article which may not, under the provisions of section 404, 505, or 512 of the act, be introduced into interstate commerce. (Signature and post-office address of person giving the guaranty or undertaking.) (2) General and continuing form. The article comprising each shipment or other delivery hereafter made by (name of person giving the guaranty or undertaking) to, or in the order of (name and post-office address of person to whom the guaranty or undertaking is given) is hereby guaranteed, as of the date of such shipment or delivery, to be, on such date, not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and not an article which may not, under the provisions of section 404, 505, or 512 of the act, … | ||||
| 21:21:1.0.1.1.6.3.98.1 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.40 Recall policy. | FDA | [43 FR 26218, June 16, 1978, as amended at 65 FR 56476, Sept. 19, 2000] | (a) Recall is an effective method of removing or correcting consumer products that are in violation of laws administered by the Food and Drug Administration. Recall is a voluntary action that takes place because manufacturers and distributors carry out their responsibility to protect the public health and well-being from products that present a risk of injury or gross deception or are otherwise defective. This section and §§ 7.41 through 7.59 recognize the voluntary nature of recall by providing guidance so that responsible firms may effectively discharge their recall responsibilities. These sections also recognize that recall is an alternative to a Food and Drug Administration-initiated court action for removing or correcting violative, distributed products by setting forth specific recall procedures for the Food and Drug Administration to monitor recalls and assess the adequacy of a firm's efforts in recall. (b) Recall may be undertaken voluntarily and at any time by manufacturers and distributors, or at the request of the Food and Drug Administration. A request by the Food and Drug Administration that a firm recall a product is reserved for urgent situations and is to be directed to the firm that has primary responsibility for the manufacture and marketing of the product that is to be recalled. (c) Recall is generally more appropriate and affords better protection for consumers than seizure, when many lots of product have been widely distributed. Seizure, multiple seizure, or other court action is indicated when a firm refuses to undertake a recall requested by the Food and Drug Administration, or where the agency has reason to believe that a recall would not be effective, determines that a recall is ineffective, or discovers that a violation is continuing. | |||
| 21:21:1.0.1.1.6.3.98.10 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.59 General industry guidance. | FDA | A recall can be disruptive of a firm's operation and business, but there are several steps a prudent firm can take in advance to minimize this disruptive effect. Notwithstanding similar specific requirements for certain products in other parts of this chapter, the following is provided by the Food and Drug Administration as guidance for a firm's consideration: (a) Prepare and maintain a current written contingency plan for use in initiating and effecting a recall in accordance with §§ 7.40 through 7.49, 7.53, and 7.55. (b) Use sufficient coding of regulated products to make possible positive lot identification and to facilitate effective recall of all violative lots. (c) Maintain such product distribution records as are necessary to facilitate location of products that are being recalled. Such records should be maintained for a period of time that exceeds the shelf life and expected use of the product and is at least the length of time specified in other applicable regulations concerning records retention. | ||||
| 21:21:1.0.1.1.6.3.98.2 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.41 Health hazard evaluation and recall classification. | FDA | (a) An evaluation of the health hazard presented by a product being recalled or considered for recall will be conducted by an ad hoc committee of Food and Drug Administration scientists and will take into account, but need not be limited to, the following factors: (1) Whether any disease or injuries have already occurred from the use of the product. (2) Whether any existing conditions could contribute to a clinical situation that could expose humans or animals to a health hazard. Any conclusion shall be supported as completely as possible by scientific documentation and/or statements that the conclusion is the opinion of the individual(s) making the health hazard determination. (3) Assessment of hazard to various segments of the population, e.g., children, surgical patients, pets, livestock, etc., who are expected to be exposed to the product being considered, with particular attention paid to the hazard to those individuals who may be at greatest risk. (4) Assessment of the degree of seriousness of the health hazard to which the populations at risk would be exposed. (5) Assessment of the likelihood of occurrence of the hazard. (6) Assessment of the consequences (immediate or long-range) of occurrence of the hazard. (b) On the basis of this determination, the Food and Drug Administration will assign the recall a classification, i.e., Class I, Class II, or Class III, to indicate the relative degree of health hazard of the product being recalled or considered for recall. | ||||
| 21:21:1.0.1.1.6.3.98.3 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.42 Recall strategy. | FDA | [43 FR 26218, June 16, 1978, as amended at 46 FR 8455, Jan. 27, 1981; 59 FR 14363, Mar. 28, 1994; 68 FR 24879, May 9, 2003; 88 FR 45064, July 14, 2023] | (a) General. (1) A recall strategy that takes into account the following factors will be developed by the agency for a Food and Drug Administration-requested recall and by the recalling firm for a firm-initiated recall to suit the individual circumstances of the particular recall: (i) Results of health hazard evaluation. (ii) Ease in identifying the product. (iii) Degree to which the product's deficiency is obvious to the consumer or user. (iv) Degree to which the product remains unused in the market-place. (v) Continued availability of essential products. (2) The Food and Drug Administration will review the adequacy of a proposed recall strategy developed by a recalling firm and recommend changes as appropriate. A recalling firm should conduct the recall in accordance with an approved recall strategy but need not delay initiation of a recall pending review of its recall strategy. (b) Elements of a recall strategy. A recall strategy will address the following elements regarding the conduct of the recall: (1) Depth of recall. Depending on the product's degree of hazard and extent of distribution, the recall strategy will specify the level in the distribution chain to which the recall is to extend, as follows: (i) Consumer or user level, which may vary with product, including any intermediate wholesale or retail level; or (ii) Retail level, including any intermediate wholesale level; or (iii) Wholesale level. (2) Public warning. The purpose of a public warning is to alert the public that a product being recalled presents a serious hazard to health. It is reserved for urgent situations where other means for preventing use of the recalled product appear inadequate. The Food and Drug Administration in consultation with the recalling firm will ordinarily issue such publicity. The recalling firm that decides to issue its own public warning is requested to submit its proposed public warning and plan for distribution of the warning for review and comment by the Food and Drug Administration. The recall … | |||
| 21:21:1.0.1.1.6.3.98.4 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.45 Food and Drug Administration-requested recall. | FDA | [43 FR 26218, June 16, 1978, as amended at 69 FR 17290, Apr. 2, 2004] | (a) The Commissioner of Food and Drugs or designee may request a firm to initiate a recall when the following determinations have been made: (1) That a product that has been distributed presents a risk of illness or injury or gross consumer deception. (2) That the firm has not initiated a recall of the product. (3) That an agency action is necessary to protect the public health and welfare. (b) The Commissioner or his designee will notify the firm of this determination and of the need to begin immediately a recall of the product. Such notification will be by letter or telegram to a responsible official of the firm, but may be preceded by oral communication or by a visit from an authorized representative of the local Food and Drug Administration district office, with formal, written confirmation from the Commissioner or his designee afterward. The notification will specify the violation, the health hazard classification of the violative product, the recall strategy, and other appropriate instructions for conducting the recall. (c) Upon receipt of a request to recall, the firm may be asked to provide the Food and Drug Administration any or all of the information listed in § 7.46(a). The firm, upon agreeing to the recall request, may also provide other information relevant to the agency's determination of the need for the recall or how the recall should be conducted. | |||
| 21:21:1.0.1.1.6.3.98.5 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.46 Firm-initiated recall. | FDA | (a) A firm may decide of its own volition and under any circumstances to remove or correct a distributed product. A firm that does so because it believes the product to be violative is requested to notify immediately the appropriate Food and Drug Administration district office listed in § 5.115 of this chapter. Such removal or correction will be considered a recall only if the Food and Drug Administration regards the product as involving a violation that is subject to legal action, e.g., seizure. In such cases, the firm will be asked to provide the Food and Drug Administration the following information: (1) Identity of the product involved. (2) Reason for the removal or correction and the date and circumstances under which the product deficiency or possible deficiency was discovered. (3) Evaluation of the risk associated with the deficiency or possible deficiency. (4) Total amount of such products produced and/or the timespan of the production. (5) Total amount of such products estimated to be in distribution channels. (6) Distribution information, including the number of direct accounts and, where necessary, the identity of the direct accounts. (7) A copy of the firm's recall communication if any has issued, or a proposed communication if none has issued. (8) Proposed strategy for conducting the recall. (9) Name and telephone number of the firm official who should be contacted concerning the recall. (b) The Food and Drug Administration will review the information submitted, advise the firm of the assigned recall classification, recommend any appropriate changes in the firm's strategy for the recall, and advise the firm that its recall will be placed in the weekly FDA Enforcement Report. Pending this review, the firm need not delay initiation of its product removal or correction. (c) A firm may decide to recall a product when informed by the Food and Drug Administration that the agency has determined that the product in question violates the law, but the agency has not specifically requested a recall. … | ||||
| 21:21:1.0.1.1.6.3.98.6 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.49 Recall communications. | FDA | (a) General. A recalling firm is responsible for promptly notifying each of its affected direct accounts about the recall. The format, content, and extent of a recall communication should be commensurate with the hazard of the product being recalled and the strategy developed for that recall. In general terms, the purpose of a recall communication is to convey: (1) That the product in question is subject to a recall. (2) That further distribution or use of any remaining product should cease immediately. (3) Where appropriate, that the direct account should in turn notify its customers who received the product about the recall. (4) Instructions regarding what to do with the product. (b) Implementation. A recall communication can be accomplished by telegrams, mailgrams, or first class letters conspicuously marked, preferably in bold red type, on the letter and the envelope: “drug [or food, biologic, etc.] recall [or correction]”. The letter and the envelope should be also marked: “urgent” for class I and class II recalls and, when appropriate, for class III recalls. Telephone calls or other personal contacts should ordinarily be confirmed by one of the above methods and/or documented in an appropriate manner. (c) Contents. (1) A recall communication should be written in accordance with the following guidelines: (i) Be brief and to the point; (ii) Identify clearly the product, size, lot number(s), code(s) or serial number(s) and any other pertinent descriptive information to enable accurate and immediate identification of the product; (iii) Explain concisely the reason for the recall and the hazard involved, if any; (iv) Provide specific instructions on what should be done with respect to the recalled products; and (v) Provide a ready means for the recipient of the communication to report to the recalling firm whether it has any of the product, e.g., by sending a postage-paid, self-addressed postcard or by allowing the recipient to place a collect call to the recalling firm. (2) The recal… | ||||
| 21:21:1.0.1.1.6.3.98.7 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.50 Public notification of recall. | FDA | The Food and Drug Administration will promptly make available to the public in the weekly FDA Enforcement Report a descriptive listing of each new recall according to its classification, whether it was Food and Drug Administration-requested or firm-initiated, and the specific action being taken by the recalling firm. The Food and Drug Administration will intentionally delay public notification of recalls of certain drugs and devices where the agency determines that public notification may cause unnecessary and harmful anxiety in patients and that initial consultation between patients and their physicians is essential. The report will not include a firm's product removals or corrections which the agency determines to be market withdrawals or stock recoveries. The report, which also includes other Food and Drug Administration regulatory actions, e.g., seizures that were effected and injunctions and prosecutions that were filed, is available upon request from the Office of Public Affairs (HFI-1), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. | ||||
| 21:21:1.0.1.1.6.3.98.8 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.53 Recall status reports. | FDA | (a) The recalling firm is requested to submit periodic recall status reports to the appropriate Food and Drug Administration district office so that the agency may assess the progress of the recall. The frequency of such reports will be determined by the relative urgency of the recall and will be specified by the Food and Drug Administration in each recall case; generally the reporting interval will be between 2 and 4 weeks. (b) Unless otherwise specified or inappropriate in a given recall case, the recall status report should contain the following information: (1) Number of consignees notified of the recall, and date and method of notification. (2) Number of consignees responding to the recall communication and quantity of products on hand at the time it was received. (3) Number of consignees that did not respond (if needed, the identity of nonresponding consignees may be requested by the Food and Drug Administration). (4) Number of products returned or corrected by each consignee contacted and the quantity of products accounted for. (5) Number and results of effectiveness checks that were made. (6) Estimated time frames for completion of the recall. (c) Recall status reports are to be discontinued when the recall is terminated by the Food and Drug Administration. | ||||
| 21:21:1.0.1.1.6.3.98.9 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | C | Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities | § 7.55 Termination of a recall. | FDA | (a) A recall will be terminated when the Food and Drug Administration determines that all reasonable efforts have been made to remove or correct the product in accordance with the recall strategy, and when it is reasonable to assume that the product subject to the recall has been removed and proper disposition or correction has been made commensurate with the degree of hazard of the recalled product. Written notification that a recall is terminated will be issued by the appropriate Food and Drug Administration district office to the recalling firm. (b) A recalling firm may request termination of its recall by submitting a written request to the appropriate Food and Drug Administration district office stating that the recall is effective in accordance with the criteria set forth in paragraph (a) of this section, and by accompanying the request with the most current recall status report and a description of the disposition of the recalled product. | ||||
| 21:21:1.0.1.1.6.5.98.1 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | E | Subpart E—Criminal Violations | § 7.84 Opportunity for presentation of views before report of criminal violation. | FDA | [44 FR 12167, Mar. 6, 1979] | (a)(1) Except as provided in paragraph (a) (2) and (3) of this section, a person against whom criminal prosecution under the Federal Food, Drug, and Cosmetic Act is contemplated by the Commissioner of Food and Drugs shall be given appropriate notice and an opportunity to present information and views to show cause why criminal prosecution should not be recommended to a United States attorney. (2) Notice and opportunity need not be provided if the Commissioner has reason to believe that they may result in the alteration or destruction of evidence or in the prospective defendant's fleeing to avoid prosecution. (3) Notice and opportunity need not be provided if the Commissioner contemplates recommending further investigation by the Department of Justice. (b) If a statute enforced by the Commissioner does not contain a provision for an opportunity to present views, the Commissioner need not, but may in the Commissioner's discretion, provide notice and an opportunity to present views. (c) If an apparent violation of the Federal Food, Drug, and Cosmetic Act also constitutes a violation of any other Federal statute(s), and the Commissioner contemplates recommending prosecution under such other statute(s) as well, the notice of opportunity to present views will include all violations. (d) Notice of an opportunity to present views may be by letter, standard form, or other document(s) identifying the products and/or conduct alleged to violate the law. The notice shall— (1) Be sent by registered or certified mail, telegram, telex, personal delivery, or any other appropriate mode of written communication; (2) Specify the time and place where those named may present their views; (3) Summarize the violations that constitute the basis of the contemplated prosecution; (4) Describe the purpose and procedure of the presentation; and (5) Furnish a form on which the legal status of any person named in the notice may be designated. (e) If more than one person is named in a notice, a separate opportunity for presentation of… | |||
| 21:21:1.0.1.1.6.5.98.2 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | E | Subpart E—Criminal Violations | § 7.85 Conduct of a presentation of views before report of criminal violation. | FDA | [44 FR 12168, Mar. 6, 1979] | (a) The presentation of views shall be heard by a designated Food and Drug Administration employee. Other Food and Drug Administration employees may be present. (b) A presentation of views shall not be open to the public. The agency employee designated to receive views will permit participation of other persons only if they appear with the respondent or the respondent's designated representative, and at the request of, and on behalf of, the respondent. (c) A respondent may present any information of any kind bearing on the Commissioner's determination to recommend prosecution. Information may include statements of persons appearing on the respondent's behalf, letters, documents, laboratory analyses, if applicable, or other relevant information or arguments. The opportunity to present views shall be informal. The rules of evidence shall not apply. Any information given by a respondent, including statements by the respondent, shall become part of the agency's records concerning the matter and may be used for any official purpose. The Food and Drug Administration is under no obligation to present evidence or witnesses. (d) If the respondent holds a “guaranty or undertaking” as described in section 303(c) of the act (21 U.S.C. 333(c)) that is applicable to the notice, that document, or a verified copy of it, may be presented by the respondent. (e) A respondent may have an oral presentation recorded and transcribed at his or her expense, in which case a copy of the transcription shall be furnished to the Food and Drug Administration office from which the notice issued. The employee designated to receive views may order a presentation of views recorded and transcribed at agency expense, in which case a copy of such transcription shall be provided to each respondent. (f) If an oral presentation is not recorded and transcribed, the agency employee designated to receive views shall dictate a written summary of the presentation. A copy of the summary shall be provided to each respondent. (g) A respondent may comment … | |||
| 21:21:1.0.1.1.6.5.98.3 | 21 | Food and Drugs | I | A | 7 | PART 7—ENFORCEMENT POLICY | E | Subpart E—Criminal Violations | § 7.87 Records related to opportunities for presentation of views conducted before report of criminal violation. | FDA | [44 FR 12168, Mar. 6, 1979] | (a) Records related to a section 305 opportunity for presentation of views constitute investigatory records for law enforcement purposes and may include inter- and intra-agency memorandums. (1) Notwithstanding the rule established in § 20.21 of this chapter, no record related to a section 305 presentation is available for public disclosure until consideration of criminal prosecution has been closed in accordance with paragraph (b) of this section, except as provided in § 20.82 of this chapter. Only very rarely and only under circumstances that demonstrate a compelling public interest will the Commissioner exercise, in accordance with § 20.82 of this chapter, the authorized discretion to disclose records related to a section 305 presentation before the consideration of criminal prosecution is closed. (2) After consideration of criminal prosecution is closed, the records are available for public disclosure in response to a request under the Freedom of Information Act, except to the extent that the exemptions from disclosure in subpart D of part 20 of this chapter are applicable. No statements obtained through promises of confidentiality shall be available for public disclosure. (b) Consideration of criminal prosecution based on a particular section 305 notice of opportunity for presentation of views shall be deemed to be closed within the meaning of this section and § 7.85 when a final decision has been made not to recommend criminal prosecution to a United States attorney based on charges set forth in the notice and considered at the presentation, or when such a recommendation has been finally refused by the United States attorney, or when criminal prosecution has been instituted and the matter and all related appeals have been concluded, or when the statute of limitations has run. (c) Before disclosure of any record specifically reflecting consideration of a possible recommendation for criminal prosecution of any individual, all names and other information that would identify an individual whose prosecution w… | |||
| 28:28:1.0.1.1.8.0.1.1 | 28 | Judicial Administration | I | 7 | PART 7—REWARDS FOR CAPTURE OF ESCAPED FEDERAL PRISONERS | § 7.1 Standing offer of reward. | DOJ | A standing offer of reward is made for the capture, or for assisting in, or furnishing information leading to, the capture, of an escaped Federal prisoner, in accordance with the conditions stated in this part. | |||||||
| 28:28:1.0.1.1.8.0.1.2 | 28 | Judicial Administration | I | 7 | PART 7—REWARDS FOR CAPTURE OF ESCAPED FEDERAL PRISONERS | § 7.2 Amount of reward. | DOJ | Within the discretion of the Warden or U.S. Marshal concerned, a reward not in excess of $200 may be granted for each capture of a prisoner and to more than one claimant, as determined applicable and appropriate. The Director of the Bureau of Prisons may in exceptional circumstances, as determined by him, grant rewards in excess of $200. Bodily harm, damage, violence, intimidation, terrorizing, risks, etc., will be considered in determining the appropriate amount of reward. | |||||||
| 28:28:1.0.1.1.8.0.1.3 | 28 | Judicial Administration | I | 7 | PART 7—REWARDS FOR CAPTURE OF ESCAPED FEDERAL PRISONERS | § 7.3 Eligibility for reward. | DOJ | A reward may be paid to any person, except an official or employee of the Department of Justice or a law-enforcement officer of the U.S. Government, who personally captures and surrenders an escaped Federal prisoner to proper officials, or who assists in the capture, of an escaped Federal prisoner. | |||||||
| 28:28:1.0.1.1.8.0.1.4 | 28 | Judicial Administration | I | 7 | PART 7—REWARDS FOR CAPTURE OF ESCAPED FEDERAL PRISONERS | § 7.4 Procedure for claiming reward. | DOJ | A person claiming a reward under this part shall present his claim, within six months from the date of the capture, in the form of a letter to the Warden or U.S. Marshal concerned. The letter shall state fully the facts and circumstances on which the claim is based, and shall include the name of each escapee captured and the time and place of the capture, and details as to how the arrest was made by the claimant or as to how assistance was rendered to others who made the arrest. | |||||||
| 28:28:1.0.1.1.8.0.1.5 | 28 | Judicial Administration | I | 7 | PART 7—REWARDS FOR CAPTURE OF ESCAPED FEDERAL PRISONERS | § 7.5 Certification. | DOJ | The claim letter required under § 7.4 shall contain the following certification immediately proceeding the signature of the claimant: I am not an officer or employee of the Department of Justice or a law-enforcement officer of the United States Government. I am not an officer or employee of the Department of Justice or a law-enforcement officer of the United States Government. | |||||||
| 29:29:1.1.1.1.8.1.27.1 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | A | Subpart A—Purpose and Scope | § 7.1 Purpose and scope. | DOL | [36 FR 10863, June 4, 1971, as amended at 61 FR 19985, May 3, 1996; 85 FR 13031, Mar. 6, 2020; 85 FR 30616, May 20, 2020] | (a) This part contains the rules of practice of the Administrative Review Board when it is exercising its jurisdiction described in paragraph (b) of this section. (b) The Board has jurisdiction to hear and decide in its discretion appeals concerning questions of law and fact from final decisions under parts 1, 3, and 5 of this subtitle including decisions as to the following: (1) Wage determinations issued under the Davis-Bacon Act and its related minimum wage statutes; (2) debarment cases arising under part 5 of this subtitle; (3) controversies concerning the payment of prevailing wage rates or proper classifications which involve significant sums of money, large groups of employees, or novel or unusual situations; and (4) recommendations of a Federal agency for appropriate adjustment of liquidated damages which are assessed under the Contract Work Hours and Safety Standards Act. (c) In exercising its discretion to hear and decide appeals, the Board shall consider, among other things, timeliness, the nature of the relief sought, matters of undue hardship or injustice, or the public interest. (d) In considering the matters within the scope of its jurisdiction the Board shall act as the authorized representative of the Secretary of Labor. The Board shall act as fully and finally as might the Secretary of Labor concerning such matters, except as provided in Secretary's Order 01-2020 (or any successor to that order). (e) The Board is an essentially appellate agency. It will not hear matters de novo except upon a showing of extraordinary circumstances. It may remand under appropriate instructions any case for the taking of additional evidence and the making of new or modified findings by reason of the additional evidence. | |||||
| 29:29:1.1.1.1.8.2.27.1 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | B | Subpart B—Review of Wage Determinations. | § 7.2 Who may file petitions for review. | DOL | (a) Any interested person who is seeking a modification or other change in a wage determination under part 1 of this subtitle and who has requested the administrative officer authorized to make such modification or other change under part 1 and the request has been denied, after appropriate reconsideration shall have a right to petition for review of the action taken by that officer. (b) For purpose of this section, the term interested person is considered to include, without limitation: (1) Any contractor, or an association representing a contractor, who is likely to seek or to work under a contract containing a particular wage determination, or any laborer or mechanic, or any labor organization which represents a laborer or mechanic, who is likely to be employed or to seek employment under a contract containing a particular wage determination, and (2) any Federal, State, or local agency concerned with the administration of a proposed contract or a contract containing a particular wage determination issued pursuant to the Davis-Bacon Act or any of its related statutes. | ||||||
| 29:29:1.1.1.1.8.2.27.2 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | B | Subpart B—Review of Wage Determinations. | § 7.3 Where to file. | DOL | [86 FR 1780, Jan. 11, 2021] | The petition accompanied by a statement of service shall be filed with the Administrative Review Board, U.S. Department of Labor, in accordance with 29 CFR part 26. In addition, copies of the petition shall be served upon each of the following: (a) The Federal, State, or local agency, or agencies involved; (b) The officer issuing the wage determination; and (c) Any other person (or the authorized representatives of such persons) known, or reasonably expected, to be interested in the subject matter of the petition. | |||||
| 29:29:1.1.1.1.8.2.27.3 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | B | Subpart B—Review of Wage Determinations. | § 7.4 When to file. | DOL | (a) Requests for review of wage determinations must be timely made. Timeliness is dependent upon the pertinent facts and circumstances involved, including without limitation the contract schedule of the administering agency, the nature of the work involved, and its location. (b) The Board shall under no circumstances request any administering agency to postpone any contract action because of the filing of a petition. This is a matter which must be resolved directly with the administering agency by the petitioner or other interested person. | ||||||
| 29:29:1.1.1.1.8.2.27.4 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | B | Subpart B—Review of Wage Determinations. | § 7.5 Contents of petitions. | DOL | (a) A petition for the review of a wage determination shall: (1) Be in writing and signed by the petitioner or his counsel (or other authorized representative); (2) be described as a petition for review by the Administrative Review Board; (3) identify clearly the wage determination, location of the project or projects in question, and the agency concerned; (4) state that the petitioner has requested reconsideration of the wage determination in question and describe briefly the action taken in response to the request; (5) contain a short and plain statement of the grounds for review; and (6) be accompanied by supporting data, views, or arguments. (b) A petition shall indicate whether or not the petitioner consents to the disposition of the questions involved by a single member of the Board. | ||||||
| 29:29:1.1.1.1.8.2.27.5 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | B | Subpart B—Review of Wage Determinations. | § 7.6 Filing of wage determination record. | DOL | (a) In representing the officer issuing the wage determination the Solicitor shall, among other things, file promptly with the Board a record supporting his findings and conclusions, after receipt of service of the petition. (b) In representing the officer issuing the wage determination the Solicitor shall file with the Board a statement of the position of the officer issuing the wage determination concerning any findings challenged in the petition; and shall make service on the petitioner and any other interested persons. | ||||||
| 29:29:1.1.1.1.8.2.27.6 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | B | Subpart B—Review of Wage Determinations. | § 7.7 Presentations of other interested persons. | DOL | [86 FR 1780, Jan. 11, 2021] | Interested persons other than the petitioner shall have a reasonable opportunity as specified by the Board in particular cases to submit to the Board written data, views, or arguments relating to the petition. Such matter should be filed with the Administrative Review Board, U.S. Department of Labor, in accordance with 29 CFR part 26. Copies of any such matter shall be served on the petitioner and other interested persons. | |||||
| 29:29:1.1.1.1.8.2.27.7 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | B | Subpart B—Review of Wage Determinations. | § 7.8 Disposition by the Administrative Review Board. | DOL | (a) The Board may decline review of any case whenever in its judgement a review would be inappropriate or because of lack of timeliness, the nature of the relief sought, or other reasons. (b) The Board shall decide the case upon the basis of all relevant matter contained in the entire record before it. The Board shall notify interested persons participating in the proceeding of its decision. (c) Decisions of the Board shall be by majority vote. A case will be reviewed upon the affirmative vote of one member. | ||||||
| 29:29:1.1.1.1.8.3.27.1 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | C | Subpart C—Review of Other Proceedings and Related Matters | § 7.9 Review of decisions in other proceedings. | DOL | [36 FR 10863, June 4, 1971, as amended at 86 FR 1780, Jan. 11, 2021] | (a) Any party or aggrieved person shall have a right to file a petition for review with the Board within a reasonable time from any final decision in any agency action under part 1, 3, or 5 of this subtitle. (b) The petition shall state concisely the points relied upon, and shall be accompanied by a statement setting forth supporting reasons. Further, the petition shall indicate whether or not the petitioner consents to the disposition of the questions involved by a single member. (c) A copy of the presentation shall be served upon the officer who issued the decision, and upon any other party or known interested person, as the case may be. In representing the officer who issued the final decision in any agency action under parts 1, 3, or 5 of the subtitle, the Solicitor shall, among other things, file promptly with the Board a record supporting the officer's decision, including any findings upon which the decision is based, after receipt of service of the petition. (d) In representing the officer issuing a final decision in any agency action under parts 1, 3, and 5 of this subtitle, the Solicitor shall file with the Board a statement of the position of the officer who issued the final decision at issue, concerning the decision challenged; and shall make service on the petitioner and any other interested persons. (e) The Board shall afford any other parties or known interested persons a reasonable opportunity to respond to the petition. Copies of any such response shall be served upon the officer issuing the decision below and upon the petitioner. (f) The Board shall pass upon the points raised in the petition upon the basis of the entire record before it, and shall notify the parties to the proceeding of its decision. In any remand of a case as provided in § 7.1(e), the Board shall include any appropriate instructions. | |||||
| 29:29:1.1.1.1.8.4.27.1 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | D | Subpart D—Some General Procedural Matters | § 7.11 Right to counsel. | DOL | Each interested person or party shall have the right to appear in person or by or with counsel or other qualified representative in any proceeding before the Board. | ||||||
| 29:29:1.1.1.1.8.4.27.2 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | D | Subpart D—Some General Procedural Matters | § 7.12 Intervention; other participation. | DOL | [86 FR 1780, Jan. 11, 2021] | (a) For good cause shown, the Board may permit any interested person or party to intervene or otherwise participate in any proceeding held by the Board. Except when requested orally before the Board, a petition to intervene or otherwise participate shall be in writing and shall state with precision and particularity: (1) The petitioner's relationship to the matters involved in the proceedings; and (2) The nature of the presentation which he would make. (b) Copies of the petition shall be served to all parties or interested persons known to participate in the proceeding, who may respond to the petition. Appropriate service shall be made of any response. | |||||
| 29:29:1.1.1.1.8.4.27.3 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | D | Subpart D—Some General Procedural Matters | § 7.13 Consolidations. | DOL | Upon its own initiative or upon motion of any interested person or party, the Board may consolidate in any proceeding or concurrently consider two or more appeals which involve substantially the same persons or parties, or issues which are the same or closely related, if it finds that such consolidation or concurrent review will contribute to a proper dispatch of its business and to the ends of justice, and it will not unduly delay consideration of any such appeals. | ||||||
| 29:29:1.1.1.1.8.4.27.4 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | D | Subpart D—Some General Procedural Matters | § 7.14 Oral proceedings. | DOL | (a) With respect to any proceeding before it, the Board may upon its own initiative or upon request of any interested person or party direct the interested persons or parties to appear before the Board or its designee at a specified time and place in order to simplify the issues presented or to take up any other matters which may tend to expedite or facilitate the disposition of the proceeding. (b) In its discretion, the Board, or a single presiding member, may permit oral argument in any proceeding. The Board or the presiding member, shall prescribe the time and place for argument and the time allotted for argument. A petitioner wishing to make oral argument should make the request therefor in his petition. | ||||||
| 29:29:1.1.1.1.8.4.27.5 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | D | Subpart D—Some General Procedural Matters | § 7.15 Public information. | DOL | (a) Subject to the provisions of §§ 1.15, 5.6, and part 70 of this subtitle, all papers and documents made a part of the official record in the proceedings of the Board and decisions of the Board shall be made available for public inspection during usual business hours at the office of the Administrative Review Board, U.S. Department of Labor, Washington, DC 20210. (b) Facsimile copies of such papers, documents and decisions shall be furnished upon request. There shall be a charge of 25 cents for each facsimile page reproduction except for copies of materials duplicated for distribution for no charge as provided in paragraph (c) of this section. Postal fees in excess of domestic first class postal rates as are necessary for transmittal of copies will be added to the per-page fee specified unless stamps or stamped envelopes are furnished with the request. (c) No charge need to be made for furnishing: (1) Unauthenticated copies of any rules, regulations, or decisions of general import, (2) Copies to agencies which will aid in the administration of the Davis-Bacon and related acts, (3) Copies to contractor associations and labor organizations for general dissemination of the information contained therein, and (4) Only occasionally unauthenticated copies of papers and documents. | ||||||
| 29:29:1.1.1.1.8.4.27.6 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | D | Subpart D—Some General Procedural Matters | § 7.16 Filing and service. | DOL | [36 FR 10863, June 4, 1971, as amended at 86 FR 1780, Jan. 11, 2021] | (a) Filing. All papers submitted to the Board under this part shall be filed with the Clerk of the Appellate Boards, U.S. Department of Labor. (b) Manner of service. Service under this part shall be by the filing party or interested person and in accordance with 29 CFR part 26. Service by mail is complete on mailing. (c) Proof of service. Papers filed with the Board shall contain an acknowledgement of service by the person served or proof of service in the form of a statement of the date and the manner of service and the names of the person or persons served, certified by the person who made service. | |||||
| 29:29:1.1.1.1.8.4.27.7 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | D | Subpart D—Some General Procedural Matters | § 7.17 Variations in procedures. | DOL | Upon reasonable notice to the parties or interested persons, the Board may vary the procedures specified in this part in particular cases. | ||||||
| 29:29:1.1.1.1.8.4.27.8 | 29 | Labor | 7 | PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS | D | Subpart D—Some General Procedural Matters | § 7.18 Motions; extensions of time. | DOL | (a) Except as otherwise provided in this part, any application for an order or other relief shall be made by motion for such order or relief. Except when made orally before the Board, motions shall be in writing and shall be accompanied by proof of service on all other parties or interested persons. If a motion is supported by briefs, affidavits, or other papers, they shall be served and filed with the motion. Any party or interested person, as the case may be, may respond to the motion within such time as may be provided by the Board. (b) Requests for extensions of time in any proceeding as to the filing of papers or oral presentations shall be in the form of a motion under paragraph (a) of this section. | ||||||
| 34:34:1.1.1.1.7.0.1.1 | 34 | Education | 7 | PART 7—EMPLOYEE INVENTIONS | § 7.0 Who are employees. | ED | As used in this part, the term Government employee means any officer or employee, civilian or military, except such part-time employees or part-time consultants as may be excluded therefrom by a determination made in writing by the head of the employee's office or constituent organization, pursuant to an exemption approved by the Commissioner of Patents that to include him or them would be impracticable or inequitable, given the reasons therefor. A person shall not be considered to be a part-time employee or part-time consultant for this purpose unless the terms of his employment contemplate that he shall work for less than the minimum number of hours per day, or less than a minimum number of days per week, or less than the minimum number of weeks per year, regularly required of full-time employees of his class. | ||||||||
| 34:34:1.1.1.1.7.0.1.2 | 34 | Education | 7 | PART 7—EMPLOYEE INVENTIONS | § 7.1 Duty of employee to report inventions. | ED | Every Department employee is required to report to the Secretary in accordance with the procedures established therefor, every invention made by him (whether or not jointly with others) which bears any relation to his official duties or which was made in whole or in any part during working hours, or with any contribution of Government facilities, equipment, material, funds, or information, or of time or services of other Government employees on official duty. | ||||||||
| 34:34:1.1.1.1.7.0.1.3 | 34 | Education | 7 | PART 7—EMPLOYEE INVENTIONS | § 7.3 Determination as to domestic rights. | ED | The determination of the ownership of the domestic right, title, and interest in and to an invention which is or may be patentable, made by a Government employee while under the administrative jurisdiction of the Department, will be made in writing by the Secretary in accordance with the provisions of Executive Order 10096 and Government-wide regulations issued thereunder by the Commissioner of Patents as follows: (a) The Government as represented by the Secretary shall obtain the entire domestic right, title and interest in and to all inventions made by any Government employee (1) during working hours, or (2) with a contribution by the Government of facilities, equipment, materials, funds, or information, or of time or services of other Government employees on official duty, or (3) which bear a direct relation to or are made in consequence of the official duties of the inventor. (b) In any case where the contribution of the Government, as measured by any one or more of the criteria set forth in paragraph (a) of this section, to the invention is insufficient equitably to justify a requirement of assignment to the Government of the entire domestic right, title and interest in and to such invention, or in any case where the Government has insufficient interest in an invention to obtain the entire domestic right, title, and interest therein (although the Government could obtain same under paragraph (a) of this section), the Department, subject to the approval of the Commissioner, shall leave title to such invention in the employee, subject, however, to the reservation to the Government of a nonexclusive, irrevocable, royalty-free license in the invention with power to grant licenses for all governmental purposes, such reservation to appear, where practicable, in any patent, domestic or foreign, which may issue on such invention. (c) In applying the provisions of paragraphs (a) and (b) of this section, to the facts and circumstances relating to the making of any particular invention, it shall be presumed that an i… | ||||||||
| 34:34:1.1.1.1.7.0.1.4 | 34 | Education | 7 | PART 7—EMPLOYEE INVENTIONS | § 7.4 Option to acquire foreign rights. | ED | In any case where it is determined that all domestic rights should be assigned to the Government, it shall further be determined, pursuant to Executive Order 9865 and Government-wide regulations issued thereunder, that the Government shall reserve an option to require the assignment of such rights in all or in any specified foreign countries. In case where the inventor is not required to assign the patent rights in any foreign country or countries to the Government or the Government fails to exercise its option within such period of time as may be provided by regulations issued by the Commissioner of Patents, any application for a patent which may be filed in such country or countries by the inventor or his assignee shall nevertheless be subject to a nonexclusive, irrevocable, royalty-free license to the Government for all governmental purposes, including the power to issue sublicenses for use in behalf of the Government and/or in furtherance of the foreign policies of the Government. | ||||||||
| 34:34:1.1.1.1.7.0.1.5 | 34 | Education | 7 | PART 7—EMPLOYEE INVENTIONS | § 7.7 Notice to employee of determination. | ED | The employee-inventor shall be notified in writing of the Department's determination of the rights to his invention and of his right of appeal, if any. Notice need not be given if the employee stated in writing that he would agree to the determination of ownership which was in fact made. | ||||||||
| 34:34:1.1.1.1.7.0.1.6 | 34 | Education | 7 | PART 7—EMPLOYEE INVENTIONS | § 7.8 Employee's right of appeal. | ED | An employee who is aggrieved by a determination of the Department may appeal to the Commissioner of Patents, pursuant to section 4(d) of Executive Order 10096, as amended by Executive Order 10930, and regulations issued thereunder, by filing a written appeal with the Commissioner, in duplicate, and a copy of the appeal with the Secretary within 30 days (or such longer period as the Commissioner may, for good cause, fix in any case) after receiving written notice of such determination. | ||||||||
| 38:38:1.0.1.1.8.0.128.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 7 | PART 7—SOLDIERS' AND SAILORS' CIVIL RELIEF | § 7.2 Certification of military service. | VA | [61 FR 29026, June 7, 1996] | (a) A statement over the signature of the Commanding Officer or a commissioned officer of equal or higher rank than the insured, on the insured's application, may be accepted as a certification that the insured is a person in the military service. (b) If the insured is unavailable because of service, the application may be certified by the person who has custody of the insured's service record. (c) If an application is submitted by a person designated by the insured or by the insured's beneficiary, the Department of Veterans Affairs will obtain from the service department evidence that the insured is a person in the military service. | ||||||
| 38:38:1.0.1.1.8.0.128.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 7 | PART 7—SOLDIERS' AND SAILORS' CIVIL RELIEF | § 7.3 The policy. | VA | [13 FR 7103, Nov. 27, 1948, as amended at 21 FR 7297, Sept. 25, 1956. Redesignated and amended at 61 FR 29026, June 7, 1996] | (a) Any provision in a policy that may limit or eliminate a benefit other than the primary death benefit will not, because of such provision, place the policy outside the protection of the Act if it is otherwise eligible for protection. (b) An annuity contract, if it provides payment of a substantial death benefit in the nature of life insurance, may be included within the provisions of the Act if otherwise eligible. Group insurance will not be included unless an individual and separate contract of insurance is completely released to the insured and thereafter comes within the provisions of the Act as a policy. (c) The phrase Face amount of insurance as used in the regulations in this part will mean the amount of insurance payable as a death benefit; Provided, That any indebtedness, or any accruals (such as paid-up additions, dividend accumulations, etc.) that may be added to or taken from the amount payable as the death benefits will not be used in calculating the face amount of a policy. | ||||||
| 38:38:1.0.1.1.8.0.128.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 7 | PART 7—SOLDIERS' AND SAILORS' CIVIL RELIEF | § 7.4 The premium. | VA | [13 FR 7103, Nov. 27, 1948. Redesignated and amended at 61 FR 29026, June 7, 1996] | The term premium as defined under 50 U.S.C. app. 540(b) shall include membership dues and assessments in an association. (a) The premium on a policy will be calculated on an annual basis, and if the annual premium is not stated on the policy, the insurer will make a calculation of the premiums for payment in advance and discounted at not less than 3 1/2 percent, subject to approval by the Department of Veterans Affairs. (b) Premiums will not be guaranteed for benefits additional to the primary death benefit if, when combined with the amount of the primary death benefit, the total benefit would result in a payment in excess of $10,000 or if liability for such benefits is excluded or restricted by military service or any activity which the insured may be called upon to perform in connection with military service. In the event that premiums for the primary and additional benefits are not separable under the terms of the policy the entire policy will be guaranteed, if the policy is otherwise eligible for protection under the law. | ||||||
| 38:38:1.0.1.1.8.0.128.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 7 | PART 7—SOLDIERS' AND SAILORS' CIVIL RELIEF | § 7.5 Application. | VA | [13 FR 7103, Nov. 27, 1948, as amended at 26 FR 11802, Dec. 8, 1961; 27 FR 656, Jan. 23, 1962. Redesignated and amended at 61 FR 29026, June 7, 1996] | (a) The benefits of the Act are not available except upon application. The insured may designate any person, firm, or corporation to submit an application on his or her behalf. The designation must be in writing, signed by the insured and attached to the application. (b) When an application for benefits is received by an insurer, a report thereof will be made within 30 days to the Department of Veterans Affairs Regional Office and Insurance Center at Philadelphia, Pennsylvania. The insurer may submit with the report a statement setting forth any additional information deemed necessary to the adjudication of the application, and any facts and reasoning as to why the policy should or should not be protected under the Act. | ||||||
| 38:38:1.0.1.1.8.0.128.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 7 | PART 7—SOLDIERS' AND SAILORS' CIVIL RELIEF | § 7.6 Benefits. | VA | [13 FR 7103, Nov. 27, 1948, as amended at 27 FR 2287, Mar. 9, 1962. Redesignated and amended at 61 FR 29026, June 7, 1996] | Any policy found to be entitled to protection under the provisions of the Act will not lapse or otherwise terminate or be forfeited for the nonpayment of a premium or the nonpayment of any indebtedness or interest during the period of military service of the insured and two years after the expiration of such service. If the insured reenters military service during the two-year period following separation from such service and the policy is under the protection of the Act on the date of reentry, such reentrance shall be deemed to be a continuation of the previous military service. In such case, in the absence of written instruction from the insured to the contrary, the protection under the Act will continue during the period of military service of the insured and two years after the expiration of such service, but the guarantee will not extend for more than two years after the date when the Act ceases to be in force. (a) For the period during which a policy is protected by the provisions of the Act, any dividends, return of premiums, or other such monetary benefits arising out of the contract or by reason thereof, will be held subject to disposal or to be applied as may be approved by the Department of Veterans Affairs. (b) A policy will not be removed from the protection of the Act by reason of a payment made to the insurer by or on behalf of the insured, but any tender of a premium (in whole or in part) shall be applied on the indebtedness established under authority of the Act against the policy: Provided, That nothing herein shall prevent an insured from continuing payment to the insurer of premiums to cover any additional benefits (such as double indemnity, waiver of premium, etc.) where such premiums may not be included in the amount guaranteed by the Government. | ||||||
| 38:38:1.0.1.1.8.0.128.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 7 | PART 7—SOLDIERS' AND SAILORS' CIVIL RELIEF | § 7.7 Maturity. | VA | [13 FR 7103, Nov. 27, 1948, as amended at 27 FR 656, Jan. 23, 1962. Redesignated and amended at 61 FR 29026, June 7, 1996] | (a) The phrase maturity of a policy as a death claim or otherwise (SSCRA, as amended) will not include a termination or maturity of a policy as a disability claim, and the policy will continue under the provisions of the Act as if there had been no maturity, but the Government shall not be liable for any premiums that the insured would have been relieved of paying under any provisions for payment of premiums in the policy. (b) Upon the expiration of the period of protection, the insurer will submit to the Department of Veterans Affairs a complete statement of the account on each policy, which will show the amount of indebtedness by reason of the premiums with interest and the credits, if any, then available and will be subject to audit and approval by the Department of Veterans Affairs. The statement of account will include the rate of interest charged on all indebtedness, the date of debit and credit entries, and such other information as may be deemed necessary in making an audit of the account. | ||||||
| 38:38:1.0.1.1.8.0.128.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 7 | PART 7—SOLDIERS' AND SAILORS' CIVIL RELIEF | § 7.8 Beneficiary or assignee. | VA | [61 FR 29026, June 7, 1996] | The consent of a beneficiary, assignee, or any other person who may have a right or interest in the proceeds of the policy is not a prerequisite for placing a policy under the protection of the Act. | ||||||
| 40:40:1.0.1.1.7.1.1.1 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | A | Subpart A—General | § 7.10 Purpose of this part. | EPA | [75 FR 31707, June 4, 2010] | This part implements: Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; and section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, (collectively, the Acts). | |||
| 40:40:1.0.1.1.7.1.1.2 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | A | Subpart A—General | § 7.15 Applicability. | EPA | This part applies to all applicants for, and recipients of, EPA assistance in the operation of programs or activities receiving such assistance beginning February 13, 1984. New construction (§ 7.70) for which design was initiated prior to February 13, 1984, shall comply with the accessibility requirements in the Department of Health, Education and Welfare (now the Department of Health and Human Services) nondiscrimination regulation, 45 CFR 84.23, issued June 3, 1977, or with equivalent standards that ensure the facility is readily accessible to and usable by handicapped persons. Such assistance includes but is not limited to that which is listed in the Catalogue of Federal Domestic Assistance under the 66.000 series. It supersedes the provisions of former 40 CFR parts 7 and 12. | ||||
| 40:40:1.0.1.1.7.1.1.3 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | A | Subpart A—General | § 7.20 Responsible agency officers. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003] | (a) The EPA Office of Civil Rights (OCR) is responsible for developing and administering EPA's means of ensuring compliance under the Acts. (b) EPA's Project Officers will, to the extent possible, be available to explain to each recipient its obligations under this part and to provide recipients with technical assistance or guidance upon request. | |||
| 40:40:1.0.1.1.7.1.1.4 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | A | Subpart A—General | § 7.25 Definitions. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003; 75 FR 31707, June 4, 2010] | As used in this part: Action, for purposes of subpart F of this part, means any act, activity, policy, rule, standard, or method of administration; or the use of any policy, rule, standard, or method of administration. Administrator means the Administrator of EPA. It includes any other agency official authorized to act on his or her behalf, unless explicity stated otherwise. Age, for purposes of subpart F of this part, means how old a person is, or the number of elapsed years from the date of a person's birth. Age distinction, for purposes of subpart F of this part, means any action using age or an age-related term. Age-related term, for purposes of subpart F of this part, means a word or words which necessarily imply a particular age or range of ages (for example; “children,” “adult,” “older persons,” but not “student” or “grade”). Alcohol abuse means any misuse of alcohol which demonstrably interferes with a person's health, interpersonal relations or working ability. Applicant means any entity that files an application or unsolicited proposal or otherwise requests EPA assistance (see definition for EPA assistance ). Assistant Attorney General is the head of the Civil Rights Division, U.S. Department of Justice. Award Official means the EPA official with the authority to approve and execute assistance agreements and to take other assistance related actions authorized by this part and by other EPA regulations or delegation of authority. Drug abuse means: (a) The use of any drug or substance listed by the Department of Justice in 21 CFR 1308.11, under authority of the Controlled Substances Act, 21 U.S.C. 801, as a controlled substance unavailable for prescription because: (1) The drug or substance has a high potential for abuse, (2) The drug or other substance has no currently accepted medical use in treatment in the United States, or (3) There is a lack of accepted safety for use of the drug or other substance under medical supervision. Examples of drugs under paragraph (a)(1) of this s… | |||
| 40:40:1.0.1.1.7.2.1.1 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | B | Subpart B—Discrimination Prohibited on the Basis of Race, Color, National Origin or Sex | § 7.30 General prohibition. | EPA | No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving EPA assistance on the basis of race, color, national origin, or on the basis of sex in any program or activity receiving EPA assistance under the Federal Water Pollution Control Act, as amended, including the Environmental Financing Act of 1972. | ||||
| 40:40:1.0.1.1.7.2.1.2 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | B | Subpart B—Discrimination Prohibited on the Basis of Race, Color, National Origin or Sex | § 7.35 Specific prohibitions. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003] | (a) As to any program or activity receiving EPA assistance, a recipient shall not directly or through contractual, licensing, or other arrangements on the basis of race, color, national origin or, if applicable, sex: (1) Deny a person any service, aid or other benefit of the program or activity; (2) Provide a person any service, aid or other benefit that is different, or is provided differently from that provided to others under the program or activity; (3) Restrict a person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, aid, or benefit provided by the program or activity; (4) Subject a person to segregation in any manner or separate treatment in any way related to receiving services or benefits under the program or activity; (5) Deny a person or any group of persons the opportunity to participate as members of any planning or advisory body which is an integral part of the program or activity, such as a local sanitation board or sewer authority; (6) Discriminate in employment on the basis of sex in any program or activity subject to section 13, or on the basis of race, color, or national origin in any program or activity whose purpose is to create employment; or, by means of employment discrimination, deny intended beneficiaries the benefits of EPA assistance, or subject the beneficiaries to prohibited discrimination. (7) In administering a program or activity receiving Federal financial assistance in which the recipient has previously discriminated on the basis of race, color, sex, or national origin, the recipient shall take affirmative action to provide remedies to those who have been injured by the discrimination. (b) A recipient shall not use criteria or methods of administering its program or activity which have the effect of subjecting individuals to discrimination because of their race, color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respec… | |||
| 40:40:1.0.1.1.7.3.1.1 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | C | Subpart C—Discrimination Prohibited on the Basis of Handicap | § 7.45 General prohibition. | EPA | No qualified handicapped person shall solely on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving EPA assistance. | ||||
| 40:40:1.0.1.1.7.3.1.2 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | C | Subpart C—Discrimination Prohibited on the Basis of Handicap | § 7.50 Specific prohibitions against discrimination. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003] | (a) A recipient, in providing any aid, benefit or service under any program or activity receiving EPA assistance shall not, on the basis of handicap, directly or through contractual, licensing, or other arrangement: (1) Deny a qualified handicapped person any service, aid or other benefit of a federally assisted program or activity; (2) Provide different or separate aids, benefits, or services to handicapped persons or to any class of handicapped persons than is provided to others unless the action is necessary to provide qualified handicapped persons with aids, benefits, or services that are as effective as those provided to others; (3) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an entity that discriminates on the basis of handicap in providing aids, benefits, or services to beneficiaries of the recipient's program or activity; (4) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; or (5) Limit a qualified handicapped person in any other way in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit or service from the program or activity. (b) A recipient may not, in determining the site or location of a facility, make selections: (1) That have the effect of excluding handicapped persons from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity that receives EPA assistance or (2) that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity receiving EPA assistance with respect to handicapped persons. (c) A recipient shall not use criteria or methods of administering any program or activity receiving EPA assistance which have the effect of subjecting individuals to discrimination because of their handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of s… | |||
| 40:40:1.0.1.1.7.3.1.3 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | C | Subpart C—Discrimination Prohibited on the Basis of Handicap | § 7.55 Separate or different aid, benefits, or services. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003] | Recipients shall not deny a qualified handicapped person an opportunity equal to that afforded others to participate in or benefit from the aid, benefit, or service in the program or activity receiving EPA assistance. Recipients shall administer programs or activities in the most integrated setting appropriate to the needs of qualified handicapped persons. | |||
| 40:40:1.0.1.1.7.3.1.4 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | C | Subpart C—Discrimination Prohibited on the Basis of Handicap | § 7.60 Prohibitions and requirements relating to employment. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003] | (a) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity that receives Federal assistance. (b) A recipient shall make all decisions concerning employment under any program or activity to which this part applies in a manner which ensures that discrimination on the basis of handicap does not occur, and shall not limit, segregate, or classify applicants or employees in any way that adversely affects their opportunities or status because of handicap. (c) The prohibition against discrimination in employment applies to the following activities: (1) Recruitment, advertising, and the processing of applications for employment; (2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; (3) Rates of pay or any other form of compensation and changes in compensation; (4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (5) Leaves of absence, sick leave, or any other leave; (6) Fringe benefits available by virtue of employment, whether or not administered by the recipient; (7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (8) Employer sponsored activities, including those that are social or recreational; or (9) Any other term, condition, or privilege of employment. (d) A recipient shall not participate in a contractual or other relationship that has the effect of subjecting qualified handicapped applicants or employees to discrimination prohibited by this subpart. The relationships referred to in this paragraph include relationships with employment and referral agencies, with labor unions, with organizations providing or administering fringe benefits to employees of the recipient, and with organizations providing training and app… | |||
| 40:40:1.0.1.1.7.3.1.5 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | C | Subpart C—Discrimination Prohibited on the Basis of Handicap | § 7.65 Accessibility. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003] | (a) General. A recipient shall operate each program or activity receiving EPA assistance so that when each part is viewed in its entirety it is readily accessible to and usable by handicapped persons. This paragraph does not: (1) Necessarily require a recipient to make each of its existing facilities or every part of an existing facility accessible to and usable by handicapped persons. (2) Require a recipient to take any action that the recipient can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens. If an action would result in such an alternation or such financial and administrative burdens, the recipient shall be required to take any other action that would not result in such an alteration or financial and administrative burdens but would nevertheless ensure that handicapped persons receive the benefits and services of the program or activity receiving EPA assistance. (b) Methods of ensuring compliance in existing facilities. A recipient may comply with the accessibility requirements of this section by making structural changes, redesigning equipment, reassigning services to accessible buildings, assigning aides to beneficiaries, or any other means that make its program or activity accessible to handicapped persons. In choosing among alternatives, a recipient must give priority to methods that serve handicapped persons in the most integrated setting appropriate. (c) Deadlines. (1) Except where structural changes in facilities are necessary, recipients must adhere to the provisions of this section within 60 days after the effective date of this part. (2) Recipients having an existing facility which does require alterations in order to comply with paragraph (a) of this section must prepare a transition plan in accordance with § 7.75 within six months from the effective date of this part. The recipient must complete the changes as soon as possible, but not later than three years from date of award. (d) Notice… | |||
| 40:40:1.0.1.1.7.3.1.6 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | C | Subpart C—Discrimination Prohibited on the Basis of Handicap | § 7.70 New construction. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 55 FR 52138, 52142, Dec. 19, 1990] | (a) General. New facilities shall be designed and constructed to be readily accessible to and usable by handicapped persons. Alterations to existing facilities shall, to the maximum extent feasible, be designed and constructed to be readily accessible to and usable by handicapped persons. (b) Conformance with Uniform Federal Accessibility Standards. (1) Effective as of January 18, 1991, design, construction, or alteration of buildings in conformance with sections 3-8 of the Uniform Federal Accessibility Standards (USAF) (appendix A to 41 CFR subpart 101-19.6) shall be deemed to comply with the requirements of this section with respect to those buildings. Departures from particular technical and scoping requirements of UFAS by the use of other methods are permitted where substantially equivalent or greater access to and usability of the building is provided. (2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirements of UFAS only mechanical rooms and other spaces that, because of their intended use, will not require accessibility to the public or beneficiaries or result in the employment or residence therein of persons with physical handicaps. (3) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member. | |||
| 40:40:1.0.1.1.7.3.1.7 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | C | Subpart C—Discrimination Prohibited on the Basis of Handicap | § 7.75 Transition plan. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003] | If structural changes to facilities are necessary to make the program or activity accessible to handicapped persons, a recipient must prepare a transition plan. (a) Requirements. The transition plan must set forth the steps needed to complete the structural changes required and must be developed with the assistance of interested persons, including handicapped persons or organizations representing handicapped persons. At a minimum, the transition plan must: (1) Identify the physical obstacles in the recipient's facilities that limit handicapped persons' access to its program or activity, (2) Describe in detail what the recipient will do to make the facilities accessible, (3) Specify the schedule for the steps needed to achieve full accessibility under § 7.65(a), and include a year-by-year timetable if the process will take more than one year, (4) Indicate the person responsible for carrying out the plan. (b) Availability. Recipients shall make available a copy of the transition plan to the OCR upon request and to the public for inspection at either the site of the project or at the recipient's main office. | |||
| 40:40:1.0.1.1.7.4.1.1 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | D | Subpart D—Requirements for Applicants and Recipients | § 7.80 Applicants. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 75 FR 31707, June 4, 2010] | (a) Assurances —(1) General. Applicants for EPA assistance shall submit an assurance with their applications stating that, with respect to their programs or activities that receive EPA assistance, they will comply with the requirements of this part. Applicants must also submit any other information that the OCR determines is necessary for preaward review. The applicant's acceptance of EPA assistance is an acceptance of the obligation of this assurance and this part. (2) Duration of assurance —(i) Real property. When EPA awards assistance in the form of real property, or assistance to acquire real property, or structures on the property, the assurance will obligate the recipient, or transferee, during the period the real property or structures are used for the purpose for which EPA assistance is extended, or for another purpose in which similar services or benefits are provided. The transfer instrument shall contain a covenant running with the land which assures nondiscrimination. Where applicable, the covenant shall also retain a right of reverter which will permit EPA to recover the property if the covenant is ever broken. (ii) Personal property. When EPA provides assistance in the form of personal property, the assurance will obligate the recipient for so long as it continues to own or possess the property. (iii) Other forms of assistance. In all other cases, the assurance will obligate the recipient for as long as EPA assistance is extended. (b) Wastewater treatment project. EPA Form 4700-4 shall also be submitted with applications for assistance under Title II of the Federal Water Pollution Control Act. (c) Compliance information. Each applicant for EPA assistance shall submit regarding the program or activity that would receive EPA assistance: (1) Notice of any lawsuit pending against the applicant alleging discrimination on the basis of race, color, sex, age, handicap, or national origin; (2) A brief description of any applications pending to other Federal agencies for assistance, and o… | |||
| 40:40:1.0.1.1.7.4.1.2 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | D | Subpart D—Requirements for Applicants and Recipients | § 7.85 Recipients. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003; 75 FR 31707, June 4, 2010] | (a) Compliance information. Each recipient shall collect, maintain, and on request of the OCR, provide the following information to show compliance with this part: (1) A brief description of any lawsuits pending against the recipient that allege discrimination which this part prohibits; (2) Racial/ethnic, national origin, age, sex and handicap data, or EPA Form 4700-4 information submitted with its application; (3) A log of discrimination complaints which identifies the complaint, the date it was filed, the date the recipient's investigation was completed, the disposition, and the date of disposition; and (4) Reports of any compliance reviews conducted by any other agencies. (b) Additional compliance information. If necessary, the OCR may require recipients to submit data and information specific to certain programs or activities to determine compliance where there is reason to believe that discrimination may exist in a program or activity receiving EPA assistance or to investigate a complaint alleging discrimination in a program or activity receiving EPA assistance. Requests shall be limited to data and information which is relevant to determining compliance and shall be accompanied by a written statement summarizing the complaint or setting forth the basis for the belief that discrimination may exist. (c) Self-evaluation. (1) Each recipient must conduct a self-evaluation of its administrative policies and practices, to consider whether such policies and practices may involve handicap discrimination prohibited by this part. When conducting the self-evaluation, the recipient shall consult with interested and involved persons including handicapped persons or organizations representing handicapped persons. The evaluation shall be completed within 18 months after the effective date of this part. (2) Each recipient employing the equivalent of 15 or more full time employees may be required to complete a written self-evaluation of its compliance under the Age Discrimination Act as part of a compliance revi… | |||
| 40:40:1.0.1.1.7.4.1.3 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | D | Subpart D—Requirements for Applicants and Recipients | § 7.90 Grievance procedures. | EPA | (a) Requirements. Each recipient shall adopt grievance procedures that assure the prompt and fair resolution of complaints which allege violation of this part. (b) Exception. Recipients with fewer than fifteen (15) full-time employees need not comply with this section unless the OCR finds a violation of this part or determines that creating a grievance procedure will not significantly impair the recipient's ability to provide benefits or services. | ||||
| 40:40:1.0.1.1.7.4.1.4 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | D | Subpart D—Requirements for Applicants and Recipients | § 7.95 Notice of nondiscrimination. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003; 75 FR 31707, June 4, 2010] | (a) Requirements. A recipient shall provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, age, or handicap in a program or activity receiving EPA assistance or, in programs or activities covered by section 13, on the basis of sex. Methods of notice must accommodate those with impaired vision or hearing. At a minimum, this notice must be posted in a prominent place in the recipient's offices or facilities. Methods of notice may also include publishing in newspapers and magazines, and placing notices in recipient's internal publications or on recipient's printed letterhead. Where appropriate, such notice must be in a language or languages other than English. The notice must identify the responsible employee designated in accordance with § 7.85. (b) Deadline. Recipients of assistance must provide initial notice by thirty (30) calendar days after award and continuing notice for the duration of EPA assistance. | |||
| 40:40:1.0.1.1.7.4.1.5 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | D | Subpart D—Requirements for Applicants and Recipients | § 7.100 Intimidation and retaliation prohibited. | EPA | No applicant, recipient, nor other person shall intimidate, threaten, coerce, or discriminate against any individual or group, either: (a) For the purpose of interfering with any right or privilege guaranteed by the Acts or this part, or (b) Because the individual has filed a complaint or has testified, assisted or participated in any way in an investigation, proceeding or hearing under this part, or has opposed any practice made unlawful by this regulation. | ||||
| 40:40:1.0.1.1.7.5.1.1 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | E | Subpart E—Agency Compliance Procedures | § 7.105 General policy. | EPA | EPA's Administrator, Director of the Office of Civil Rights, Project Officers and other responsible officials shall seek the cooperation of applicants and recipients in securing compliance with this part, and are available to provide help. | ||||
| 40:40:1.0.1.1.7.5.1.2 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | E | Subpart E—Agency Compliance Procedures | § 7.110 Preaward compliance. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 75 FR 31707, June 4, 2010] | (a) Review of compliance information. Within EPA's application processing period, the OCR will determine whether the applicant is in compliance with this part and inform the Award Official. This determination will be based on the submissions required by § 7.80 and any other information EPA receives during this time (including complaints) or has on file about the applicant. When the OCR cannot make a determination on the basis of this information, additional information will be requested from the applicant, local government officials, or interested persons or organizations, including aged and handicapped persons or organizations representing such persons. The OCR may also conduct an on-site review only when it has reason to believe discrimination may be occurring in a program or activity which is the subject of the application. (b) Voluntary compliance. If the review indicates noncompliance, an applicant may agree in writing to take the steps the OCR recommends to come into compliance with this part. The OCR must approve the written agreement before any award is made. (c) Refusal to comply. If the applicant refuses to enter into such an agreement, the OCR shall follow the procedure established by paragraph (b) of § 7.130. | |||
| 40:40:1.0.1.1.7.5.1.3 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | E | Subpart E—Agency Compliance Procedures | § 7.115 Postaward compliance. | EPA | (a) Periodic review. The OCR may periodically conduct compliance reviews of any recipient's programs or activities receiving EPA assistance, including the request of data and information, and may conduct on-site reviews when it has reason to believe that discrimination may be occurring in such programs or activities. (b) Notice of review. After selecting a recipient for review or initiating a complaint investigation in accordance with § 7.120, the OCR will inform the recipient of: (1) The nature of and schedule for review, or investigation; and (2) Its opportunity, before the determination in paragraph (d) of this section is made, to make a written submission responding to, rebutting, or denying the allegations raised in the review or complaint. (c) Postreview notice. (1) Within 180 calendar days from the start of the compliance review or complaint investigation, the OCR will notify the recipient in writing by certified mail, return receipt requested, of: (i) Preliminary findings; (ii) Recommendations, if any, for achieving voluntary compliance; and (iii) Recipient's right to engage in voluntary compliance negotiations where appropriate. (2) The OCR will notify the Award Official and the Assistant Attorney General for Civil Rights of the preliminary findings of noncompliance. (d) Formal determination of noncompliance. After receiving the notice of the preliminary finding of noncompliance in paragraph (c) of this section, the recipient may: (1) Agree to the OCR's recommendations, or (2) Submit a written response sufficient to demonstrate that the preliminary findings are incorrect, or that compliance may be achieved through steps other than those recommended by OCR. If the recipient does not take one of these actions within fifty (50) calendar days after receiving this preliminary notice, the OCR shall, within fourteen (14) calendar days, send a formal written determination of noncompliance to the recipient and copies to the Award Official and Assistant Attorney General. (e) Voluntary complia… | ||||
| 40:40:1.0.1.1.7.5.1.4 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | E | Subpart E—Agency Compliance Procedures | § 7.120 Complaint investigations. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 75 FR 31707, June 4, 2010] | The OCR shall promptly investigate all complaints filed under this section unless the complainant and the party complained against agree to a delay pending settlement negotiations. (a) Who may file a complaint. A person who believes that he or she or a specific class of persons has been discriminated against in violation of this part may file a complaint. The complaint may be filed by an authorized representative. A complaint alleging employment discrimination must identify at least one individual aggrieved by such discrimination. Complaints solely alleging employment discrimination against an individual on the basis of race, color, national origin, sex or religion shall be processed under the procedures for complaints of employment discrimination filed against recipients of Federal assistance (see 28 CFR part 42, subpart H and 29 CFR part 1691). Complaints of employment discrimination based on age against an individual by recipients of Federal financial assistance are subject to the Age Discrimination in Employment Act of 1967 and should be filed administratively with the Equal Employment Opportunity Commission ( see 29 CFR part 1626). Complainants are encouraged but not required to make use of any grievance procedure established under § 7.90 before filing a complaint. Filing a complaint through a grievance procedure does not extend the 180 day calendar requirement of paragraph (b)(2 of this section. (b) Where, when and how to file complaint. The complainant may file a complaint at any EPA office. The complaint may be referred to the region in which the alleged discriminatory acts occurred. (1) The complaint must be in writing and it must describe the alleged discriminatory acts which violate this part. (2) The complaint must be filed within 180 calendar days of the alleged discriminatory acts, unless the OCR waives the time limit for good cause. The filing of a grievance with the recipient does not satisfy the requirement that complaints must be filed within 180 days of the alleged discriminatory acts.… | |||
| 40:40:1.0.1.1.7.5.1.5 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | E | Subpart E—Agency Compliance Procedures | § 7.125 Coordination with other agencies. | EPA | If, in the conduct of a compliance review or an investigation, it becomes evident that another agency has jurisdiction over the subject matter, OCR will cooperate with that agency during the continuation of the review of investigation. EPA will: (a) Coordinate its efforts with the other agency, and (b) Ensure that one of the agencies is designated the lead agency for this purpose. When an agency other than EPA serves as the lead agency, any action taken, requirement imposed, or determination made by the lead agency, other than a final determination to terminate funds, shall have the same effect as though such action had been taken by EPA. | ||||
| 40:40:1.0.1.1.7.5.1.6 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | E | Subpart E—Agency Compliance Procedures | § 7.130 Actions available to EPA to obtain compliance. | EPA | [49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003] | (a) General. If compliance with this part cannot be assured by informal means, EPA may terminate or refuse to award or to continue assistance. EPA may also use any other means authorized by law to get compliance, including a referral of the matter to the Department of Justice. (b) Procedure to deny, annul, suspend or terminate EPA assistance —(1) OCR finding. If OCR determines that an applicant or recipient is not in compliance with this part, and if compliance cannot be achieved voluntarily, OCR shall make a finding of noncompliance. The OCR will notify the applicant or recipient (by registered mail, return receipt requested) of the finding, the action proposed to be taken, and the opportunity for an evidentiary hearing. (2) Hearing. (i) Within 30 days of receipt of the above notice, the applicant or recipient shall file a written answer, under oath or affirmation, and may request a hearing. (ii) The answer and request for a hearing shall be sent by registered mail, return receipt requested, to the Chief Administrative Law Judge (ALJ) (A-110), United States Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Upon receipt of a request for a hearing, the ALJ will send the applicant or recipient a copy of the ALJ's procedures. If the recipient does not request a hearing, it shall be deemed to have waived its right to a hearing, and the OCR finding shall be deemed to be the ALJ's determination. (3) Final decision and disposition. (i) The applicant or recipient may, within 30 days of receipt of the ALJ's determination, file with the Administrator its exceptions to that determination. When such exceptions are filed, the Administrator may, within 45 days after the ALJ's determination, serve to the applicant or recipient, a notice that he/she will review the determination. In the absence of either exceptions or notice of review, the ALJ's determination shall constitute the Administrator's final decision. (ii) If the Administrator reviews the ALJ's determination, all parties … | |||
| 40:40:1.0.1.1.7.5.1.7 | 40 | Protection of Environment | I | A | 7 | PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY | E | Subpart E—Agency Compliance Procedures | § 7.135 Procedure for regaining eligibility. | EPA | (a) Requirements. An applicant or recipient whose assistance has been denied, annulled, terminated, or suspended under this part regains eligibility as soon as it: (1) Provides reasonable assurance that it is complying and will comply with this part in the future, and (2) Satisfies the terms and conditions for regaining eligibility that are specified in the denial, annulment, termination or suspension order. (b) Procedure. The applicant or recipient must submit a written request to restore eligibility to the OCR declaring that it has met the requirements set forth in paragraph (a) of this section. Upon determining that these requirements have been met, the OCR must notify the Award Official, and the applicant or recipient that eligibility has been restored. (c) Rights on denial of restoration of eligibility. If the OCR denies a request to restore eligibility, the applicant or recipient may file a written request for a hearing before the EPA Chief Administrative Law Judge in accordance with paragraph (c) § 7.130, listing the reasons it believes the OCR was in error. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);