cfr_sections
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24 rows where part_number = 710 and title_number = 10 sorted by section_id
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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.2.5.6.1.5.1 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.1 Purpose. | DOE | [89 FR 59595, July 23, 2024] | (a) This part establishes the procedures for determining the eligibility of individuals described in § 710.2 for access to classified matter or special nuclear material, pursuant to the Atomic Energy Act of 1954, or for access to national security information in accordance with E.O. 13526 (Classified National Security Information), or eligibility to hold a sensitive position pursuant to E.O. 13467 (Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information). (b) This part implements: E.O. 12968, 60 FR 40245 (August 2, 1995), as amended; E.O. 13526, 75 FR 707 (January 5, 2010) as amended; E.O. 10865, 25 FR 1583 (February 24, 1960), as amended; E.O. 13467, 73 FR 38103 (June 30, 2008) as amended; and the National Security Adjudicative Guidelines, issued as SEAD 4, by the Director of National Intelligence on December 10, 2016, or successor directive. | |||||
| 10:10:5.0.2.5.6.1.5.2 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.2 Scope. | DOE | [89 FR 59595, July 23, 2024] | (a) The procedures outlined in this part apply to determinations of eligibility for access authorization or eligibility to hold a sensitive position for: (1) Employees (including consultants) of, and applicants for employment with, contractors and agents of the DOE; (2) Access permittees of the DOE and their employees (including consultants) and applicants for employment; (3) Employees (including consultants) of, and applicants for employment with, the DOE; and (4) Other persons designated by the Secretary of Energy. (b) To the extent the procedures in this part apply to determinations of eligibility for access to classified information or special nuclear material, they shall also apply to determinations of eligibility to hold a sensitive position, except as specifically noted. | |||||
| 10:10:5.0.2.5.6.1.5.3 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.3 [Reserved] | DOE | |||||||
| 10:10:5.0.2.5.6.1.5.4 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.4 Policy. | DOE | [89 FR 59595, July 23, 2024] | (a) It is the policy of DOE to provide for the security of its programs in a manner consistent with traditional American concepts of justice and fairness. To this end, the Secretary has established procedures that will afford those individuals described in § 710.2 the opportunity for administrative review of questions concerning their eligibility for access authorization or eligibility to hold a sensitive position. (b) It is also the policy of DOE that none of the procedures established for determining eligibility for access authorization or eligibility to hold a sensitive position shall be used for an improper purpose, including any attempt to coerce, restrain, threaten, intimidate, or retaliate against individuals for exercising their rights under any statute, regulation or DOE directive. Any DOE officer or employee violating, or causing the violation of this policy, shall be subject to appropriate disciplinary action. | |||||
| 10:10:5.0.2.5.6.1.5.5 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.5 Definitions. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59595, July 23, 2024] | (a) As used in this part: Access authorization means an administrative determination that an individual is eligible for access to classified matter or is eligible for access to, or control over, special nuclear material. Administrative Judge means a DOE attorney appointed by the Director, Office of Hearings and Appeals, pursuant to § 710.25 of this part. An Administrative Judge shall be a U.S. citizen and shall hold a Q access authorization. Classified matter means the material of thought or expression that is classified pursuant to statute or Executive Order. Continuous vetting means reviewing the background of an individual described in § 710.2(a)(1) through (4) at any time to determine whether that individual continues to meet applicable requirements for access authorization or a sensitive position. Director means the Director, DOE Office of Departmental Personnel Security. DOE Counsel means a DOE attorney assigned to represent DOE in proceedings under this part. DOE Counsel shall be a U.S. citizen and shall hold a Q access authorization. Local Director of Security means the individual with primary responsibility for safeguards and security at the Idaho Operations Office; for the Office of Environmental Management (EM), the individual(s) designated in writing by the Senior Advisor, or delegee; for the Office of Science (SC), the individual designated in writing by the Deputy Director for Operations; for Naval Reactors, the individual(s) designated under the authority of the Director, Security Naval Nuclear Propulsion Program; for the National Nuclear Security Administration (NNSA), the individual(s) designated in writing by the Chief, Defense Nuclear Security; and for DOE Headquarters cases the Director, Office of Headquarters Personnel Security Operations. Manager means the senior Federal official at the Idaho, Richland (to include the Office of River Protection) Operations Offices; for the Office of Environmental Management, the individual(s) designated in writing by the Senior Advisor, or de… | |||||
| 10:10:5.0.2.5.6.2.5.1 | 10 | Energy | III | 710 | B | Subpart B—Eligibility for Access to Classified Matter or Special Nuclear Material | § 710.6 Cooperation by the individual. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | (a)(1) It is the responsibility of the individual to provide full, frank, and truthful answers to DOE's relevant and material questions, and when requested, to furnish or authorize others to furnish information that the DOE deems pertinent to the individual's eligibility for access authorization. This obligation to cooperate applies when completing security forms, during the course of a personnel security background investigation, reinvestigation or continuous vetting, and at any stage of DOE's processing of the individual's access authorization request, including but not limited to, personnel security consultations, DOE-sponsored mental health evaluations, and other authorized DOE actions under this part. The individual may elect not to cooperate; however, such refusal may prevent DOE from reaching an affirmative finding required for granting or continuing the access authorization. In this event, for incumbents any access authorization then in effect may be administratively withdrawn or, for applicants, further processing may be administratively terminated. (2) It is the responsibility of an individual subject to 10 CFR 709.3(d) to consent to and take a polygraph examination required by part 709. A refusal to consent to or take such an examination may prevent DOE from reaching an affirmative finding required for continuing access authorization. In this event, any access authorization then in effect may be administratively withdrawn. (b) If the individual believes that the provisions of paragraph (a) of this section have been inappropriately applied, the individual may file a written appeal of the action with the Director within 30 calendar days of the date the individual was notified of the action. (c) Upon receipt of the written appeal, the Director shall conduct an inquiry as to the circumstances involved in the action and shall, within 30 calendar days of receipt of the written appeal, notify the individual, in writing, of their decision. If the Director determines that the action was inappropriate, the Di… | |||||
| 10:10:5.0.2.5.6.2.5.2 | 10 | Energy | III | 710 | B | Subpart B—Eligibility for Access to Classified Matter or Special Nuclear Material | § 710.7 Application of the National Security Adjudicative Guidelines. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 82 FR 57107, Dec. 4, 2017; 89 FR 59596, July 23, 2024] | (a) The decision on an access authorization request is a comprehensive, common-sense judgment, made after consideration of all relevant information, favorable and unfavorable, as to whether the granting or continuation of access authorization will not endanger the common defense and security and is clearly consistent with the national interest. Any doubt as to an individual's access authorization eligibility shall be resolved in favor of the national security. (b) All such determinations shall be based upon the application of the National Security Adjudicative Guidelines (Adjudicative Guidelines), or any successor national standard issued under authority of the President. (c) Each Adjudicative Guideline sets forth a series of concerns that may create a doubt regarding an individual's eligibility for access authorization. In resolving these concerns, all DOE officials involved in the decision-making process shall consider: The nature, extent, and seriousness of the conduct; the circumstances surrounding the conduct, to include knowledgeable participation; the frequency and recency of the conduct; the age and maturity of the individual at the time of the conduct; the voluntariness of participation; the absence or presence of rehabilitation or reformation and other pertinent behavioral changes; the motivation for the conduct; the potential for pressure, coercion, exploitation, or duress; the likelihood of continuation or recurrence; and other relevant and material factors. (d) If the investigative results report of an individual or other reliable information tend to establish the validity and significance of one or more areas of concern as set forth in the Adjudicative Guidelines, such information shall be regarded as derogatory and create a question as to the individual's access authorization eligibility. Absent any derogatory information, a favorable determination will be made as to access authorization eligibility. | |||||
| 10:10:5.0.2.5.6.2.5.3 | 10 | Energy | III | 710 | B | Subpart B—Eligibility for Access to Classified Matter or Special Nuclear Material | § 710.8 Action on derogatory information. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59596, July 23, 2024] | (a) If a question arises as to the individual's access authorization eligibility, the Local Director of Security shall authorize the conduct of a consultation with the individual, or other appropriate actions and, on the basis of the results of such consultation or actions, may authorize the granting of the individual's access authorization. If, in the opinion of the Local Director of Security, the question as to the individual's access authorization eligibility has not been favorably resolved, the Local Director of Security shall submit the matter to the Manager with a recommendation that authority be obtained to process the individual's case under administrative review procedures set forth in this part. (b) If the Manager agrees that unresolved derogatory information is present and that appropriate attempts to resolve such derogatory information have been unsuccessful, the Manager shall notify the Director of the proposal to conduct an administrative review proceeding, accompanied by an explanation of the security concerns and a duplicate Personnel Security File. If the Manager believes that the derogatory information has been favorably resolved, the Manager shall direct that access authorization be granted for the individual. The Manager may also direct the Local Director of Security to obtain additional information prior to deciding whether to grant the individual access authorization or to submit a request for authority to conduct an administrative review proceeding. A decision in the matter shall be rendered by the Manager within 10 calendar days of its receipt. (c) Upon receipt of the Manager's notification, the Director shall review the matter and confer with the Manager on: (1) The institution of administrative review proceedings set forth in §§ 710.20 through 710.30; (2) The granting of access authorization; or (3) Other actions as the Director deems appropriate. (d) The Director shall act pursuant to one of these options within 30 calendar days of receipt of the Manager's notification unless an e… | |||||
| 10:10:5.0.2.5.6.2.5.4 | 10 | Energy | III | 710 | B | Subpart B—Eligibility for Access to Classified Matter or Special Nuclear Material | § 710.9 Suspension of access authorization. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59596, July 23, 2024] | (a) If derogatory information is received, the Local Director of Security shall authorize action(s), to be taken on an expedited basis, to resolve the question pursuant to § 710.8(a). If the question as to the individual's continued access authorization eligibility is not resolved in favor of the individual, the Local Director of Security shall submit the matter to the Manager with the recommendation that the individual's access authorization be suspended pending the final determination resulting from the procedures set forth in this part. (b) If the information received is determined to represent an immediate threat to national security or to the safety or security of a DOE facility or employee, or is determined to be so serious in nature that action(s) to resolve the matter as set forth in § 710.8(b) are not practical or advisable, the Local Director of Security shall immediately submit the matter to the Manager with a recommendation that the individual's access authorization be suspended pending the final determination resulting from the procedures set forth in this part. The Manager shall either authorize the immediate suspension of access authorization, or shall direct the Local Director of Security to take action(s) as set forth in § 710.8(b), in an expedited manner, to resolve the matter. (c) The Manager shall, within two working days of receipt of the recommendation from the Local Director of Security to suspend the individual's DOE access authorization: (1) Approve the suspension of access authorization; or (2) Direct the continuation of access authorization, or (3) Take or direct other such action(s) as the Manager deems appropriate. (d) Upon suspension of an individual's access authorization pursuant to paragraph (c)(1) of this section, the individual, the individual's employer, any other DOE office or program having an access authorization interest in the individual, and, if known, any other government agency where the individual holds an access authorization, security clearance, or access appro… | |||||
| 10:10:5.0.2.5.6.3.5.1 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.20 Purpose of administrative review. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | These procedures govern the conduct of the administrative review of questions concerning an individual's eligibility for access authorization when it is determined that such questions cannot be favorably resolved by consultation or other action. | |||||
| 10:10:5.0.2.5.6.3.5.10 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.29 Final appeal process. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59597, July 23, 2024] | (a) The Appeal Panel shall be convened by the Deputy Director for Security, Office of Environment, Health, Safety and Security to review and render a final decision in access authorization eligibility cases referred by the individual, the Manager, or the Director in accordance with §§ 710.22 or 710.28. (b) The Appeal Panel shall consist of three members, each of whom shall be a DOE Headquarters employee, a United States citizen, and hold a DOE Q access authorization. The Deputy Director for Security, Office of Environment, Health, Safety and Security shall serve as a permanent member of the Appeal Panel and as the Appeal Panel Chair. The second member of the Appeal Panel shall be a DOE attorney designated by the General Counsel. The head of the DOE Headquarters element which has cognizance over the individual whose access authorization eligibility is being considered may designate an employee to act as the third member on the Appeal Panel; otherwise, the third member shall be designated by the Chair. Only one member of the Appeal Panel shall be from the security field. (c) In filing a written request for a review by the Appeal Panel in accordance with §§ 710.22 and 710.28, the individual, or their counsel or other representative, shall identify the issues upon which the appeal is based. The written request, and any response, shall be made a part of the administrative record. The Director shall provide staff support to the Appeal Panel as requested by the Chair. (d) Within 15 calendar days of the receipt of the request for review of a case by the Appeal Panel, the Chair shall arrange for the Appeal Panel members to convene and review the administrative record or provide a copy of the administrative record to the Appeal Panel members for their independent review. (e) The Appeal Panel shall consider only that evidence and information in the administrative record at the time of the Manager's or the Administrative Judge's initial decision. (f) Within 45 calendar days of receipt of the administrative record, the A… | |||||
| 10:10:5.0.2.5.6.3.5.11 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.30 Action by the Secretary. | DOE | (a) Whenever an individual has not been afforded an opportunity to cross-examine witnesses who have furnished information adverse to the individual under the provisions of §§ 710.26(l) or (o), the Secretary may issue a final decision to deny or revoke access authorization for the individual after personally reviewing the administrative record and any additional material provided by the Chair. The Secretary's authority may, in accordance with applicable provisions of Executive Order 12968, be delegated to the Deputy Secretary where the effected individual is a Federal employee. The Secretary's authority, in accordance with applicable provisions of Executive Order 10865, may not be delegated where the effected individual is a contractor employee. This authority may be exercised only when the Secretary determines that the circumstances described in § 710.26(l) or (o) are present, and such determination shall be final and not subject to review or appeal. (b) Whenever the Secretary issues a final decision as to an individual's access authorization eligibility, the individual and other concerned parties shall be notified in writing by the Chair of that decision and of the Secretary's findings with respect to each instance of derogatory information contained in the notification letter and each substantial issue identified in the statement in support of the request for review to the extent allowed by the national security. (c) Nothing contained in these procedures shall be deemed to limit or affect the responsibility and powers of the Secretary to issue subpoenas or to deny or revoke access to classified matter or special nuclear material. | ||||||
| 10:10:5.0.2.5.6.3.5.12 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.31 Reconsideration of access eligibility. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59597, July 23, 2024] | (a) If, pursuant to the procedures set forth in §§ 710.20 through 710.30, the Manager, Administrative Judge, Appeal Panel, or the Secretary has made a decision granting or reinstating an individual's access authorization, eligibility shall be reconsidered as a new administrative review under the procedures set forth in this part when previously unconsidered derogatory information is identified, or the individual violates a commitment upon which the DOE previously relied to favorably resolve an issue of access authorization eligibility. (b) If, pursuant to the procedures set forth in §§ 710.20 through 710.31, the Manager, Administrative Judge, Appeal Panel, or the Secretary has made a decision denying or revoking the individual's access authorization, eligibility may be reconsidered only when the individual so requests in writing, when there is a bona fide offer of employment requiring access authorization, and when there is either material and relevant new evidence which the individual and the individual's representatives were without fault in failing to present earlier, or convincing evidence of rehabilitation or reformation. (1) A request for reconsideration shall be accepted when a minimum of one year has elapsed since the date of the Manager's, Administrative Judge's, Appeal Panel's or Secretary's final decision, or of a previous denial of reconsideration. Requests must be submitted in writing to the Deputy Director for Security, Office of Environment, Health, Safety and Security, and must include an affidavit setting forth in detail the new evidence or evidence of rehabilitation or reformation. (2) If the Deputy Director for Security, Office of Environment, Health, Safety and Security approves the request for reconsideration of an individual's access authorization eligibility, he/she shall so notify the individual, and shall direct the Manager to take appropriate actions to determine whether the individual is eligible for access authorization. (3) If the Deputy Director for Security, Office of Environmen… | |||||
| 10:10:5.0.2.5.6.3.5.2 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.21 Notice to the individual. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | (a) Unless an extension is authorized in writing by the Director, within 30 calendar days of receipt of authority to institute administrative review procedures, the Manager shall prepare and deliver to the individual a notification letter approved by the local Office of Chief Counsel, or the Office of the General Counsel for Headquarters cases. Where practicable, the letter shall be delivered to the individual in person. (b) The letter shall state: (1) That reliable information in the possession of DOE has created a substantial doubt concerning the individual's eligibility for access authorization. (2) The information which creates a substantial doubt regarding the individual's access authorization eligibility (which shall be as comprehensive and detailed as the national security permits) and why that information creates such doubt. (3) That the individual has the option to have the substantial doubt regarding eligibility for access authorization resolved in one of two ways: (i) By the Manager, without a hearing, on the basis of the existing information in the case; or (ii) By personal appearance before an Administrative Judge (a “hearing”). (4) That, if the individual desires a hearing, the individual must, within 20 calendar days of the date of receipt of the notification letter, make a written request for a hearing to the Manager from whom the letter was received. (5) That the individual may also file with the Manager the individual's written answer to the reported information which raises the question of the individual's eligibility for access authorization, and that, if the individual requests a hearing without filing a written answer, the request shall be deemed a general denial of all of the reported information. (6) That, if the individual so requests, a hearing shall be scheduled before an Administrative Judge, with due regard for the convenience and necessity of the parties or their representatives, for the purpose of affording the individual an opportunity of supporting his eligibility for acc… | |||||
| 10:10:5.0.2.5.6.3.5.3 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.22 Initial decision process. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | (a) The Manager shall make an initial decision as to the individual's access authorization eligibility based on the existing information in the case if: (1) The individual fails to respond to the notification letter by filing a timely written request for a hearing before an Administrative Judge or fails to respond to the notification letter after requesting an extension of time to do so; (2) The individual's response to the notification letter does not request a hearing before an Administrative Judge; or (3) The Administrative Judge refers the individual's case to the Manager in accordance with § 710.25(e) or § 710.26(b). (b) Unless an extension of time is granted by the Director, the Manager's initial decision as to the individual's access authorization eligibility shall be made within 15 calendar days of the date of receipt of the information in paragraph (a) of this section. The Manager shall either grant or deny, or reinstate or revoke, the individual's access authorization. (c) A letter reflecting the Manager's initial decision shall be signed by the Manager and delivered to the individual within 15 calendar days of the date of the Manager's decision unless an extension of time is granted by the Director. If the Manager's initial decision is unfavorable to the individual, the individual shall be advised: (1) Of the Manager's unfavorable decision and the reason(s) therefor; (2) That within 30 calendar days from the date of receipt of the letter, the individual may file a written request for a review of the Manager's initial decision, through the Director, to the DOE Headquarters Appeal Panel (Appeal Panel); (3) That the Director may, for good cause shown, at the written request of the individual, extend the time for filing a written request for a review of the case by the Appeal Panel; and (4) That if the written request for a review of the Manager's initial decision by the Appeal Panel is not filed within 30 calendar days of the individual's receipt of the Manager's letter, or by the date to which t… | |||||
| 10:10:5.0.2.5.6.3.5.4 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.23 Extensions of time by the manager. | DOE | The Manager may, for good cause shown, at the written request of the individual, extend the time for filing a written request for a hearing, and/or the time for filing a written answer to the matters contained in the notification letter. The Manager shall notify the Director, in writing, when such extensions have been approved. | ||||||
| 10:10:5.0.2.5.6.3.5.5 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.24 Appointment of DOE Counsel. | DOE | (a) Upon receipt from the individual of a written request for a hearing, a DOE attorney shall forthwith be assigned by the Manager to act as DOE Counsel. (b) DOE Counsel is authorized to consult directly with the individual if he/she is not represented by counsel, or with the individual's counsel or other representative if so represented, to clarify issues and reach stipulations with respect to testimony and contents of documents and physical evidence. Such stipulations shall be binding upon the individual and the DOE Counsel for the purposes of this part. | ||||||
| 10:10:5.0.2.5.6.3.5.6 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.25 Appointment of Administrative Judge; prehearing conference; commencement of hearings. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | (a) Upon receipt of a request for a hearing, the Manager shall in a timely manner transmit that request to the Office of Hearings and Appeals, and identify the DOE Counsel. The Manager shall at the same time transmit a copy of the notification letter and the individual's response to the Office of Hearings and Appeals. (b) Upon receipt of the hearing request from the Manager, the Director, Office of Hearings and Appeals, shall appoint, as soon as practicable, an Administrative Judge. (c) Immediately upon appointment, the Administrative Judge shall notify the individual and DOE Counsel of their identity and the address to which all further correspondence should be sent. (d) The Administrative Judge shall have all powers necessary to regulate the conduct of proceedings under this part, including, but not limited to, establishing a list of persons to receive service of papers, issuing subpoenas for witnesses to attend the hearing or for the production of specific documents or physical evidence, administering oaths and affirmations, ruling upon motions, receiving evidence, regulating the course of the hearing, disposing of procedural requests or similar matters, and taking other actions consistent with the regulations in this part. Requests for subpoenas shall be liberally granted except where the Administrative Judge finds that the issuance of subpoenas would result in evidence or testimony that is repetitious, incompetent, irrelevant, or immaterial to the issues in the case. The Administrative Judge may take sworn testimony, sequester witnesses, and control the dissemination or reproduction of any record or testimony taken pursuant to this part, including correspondence, or other relevant records or physical evidence including, but not limited to, information retained in computerized or other automated systems in possession of the subpoenaed person. (e) The Administrative Judge shall determine the day, time, and place for the hearing and shall decide whether the hearing will be conducted via video teleconferenci… | |||||
| 10:10:5.0.2.5.6.3.5.7 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.26 Conduct of hearings. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59597, July 23, 2024] | (a) In all hearings conducted under this part, the individual shall have the right to be represented by a person of their own choosing, at the individual's own expense. The individual is responsible for producing witnesses in their own behalf, including requesting the issuance of subpoenas, if necessary, or presenting testimonial, documentary, or physical evidence before the Administrative Judge to support the individual's defense to the derogatory information contained in the notification letter. With the exception of procedural or scheduling matters, the Administrative Judge is prohibited from initiating or otherwise engaging in ex parte discussions about the case during the pendency of proceedings under this part. (b) Unless the Administrative Judge finds good cause for deferring issuance of a decision, in the event that the individual unduly delays the hearing, such as by failure to meet deadlines set by the Administrative Judge, the record shall be closed, and an initial decision shall be made by the Manager on the basis of the record in the case per § 710.22(a)(3). (c) Hearings shall be open only to DOE Counsel, duly authorized representatives of DOE, the individual and the individual's counsel or other representatives, and such other persons as may be authorized by the Administrative Judge. Unless otherwise ordered by the Administrative Judge, witnesses shall testify in the presence of the individual but not in the presence of other witnesses. (d) DOE Counsel shall assist the Administrative Judge in establishing a complete administrative hearing record in the proceeding and bringing out a full and true disclosure of all facts, both favorable and unfavorable, having a bearing on the issues before the Administrative Judge. The individual shall be afforded the opportunity of presenting testimonial, documentary, and physical evidence, including testimony by the individual in the individual's own behalf. All witnesses shall be subject to cross-examination, if possible. (e) The Administrative Judge may ask… | |||||
| 10:10:5.0.2.5.6.3.5.8 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.27 Administrative Judge's decision. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59597, July 23, 2024] | (a) The Administrative Judge shall carefully consider the entire record of the proceeding and shall render a decision, within 30 calendar days of the receipt of the hearing transcript, as to whether granting or restoring the individual's access authorization would not endanger the common defense and security and would be clearly consistent with the national interest. In resolving a question concerning the eligibility of an individual for access authorization under these procedures, the Administrative Judge shall consider the factors stated in § 710.7(c) to determine whether the findings will be favorable or unfavorable. (b) In reaching the findings, the Administrative Judge shall consider the demeanor of the witnesses who have testified at the hearing, the probability or likelihood of the truth of their testimony, their credibility, and the authenticity and accuracy of documentary evidence, or lack of evidence on any material points in issue. If the individual is, or may be, prejudiced by the non-disclosure to the individual of undisclosed information or by lack of opportunity to cross-examine confidential informants, the Administrative Judge shall take that fact into consideration. The possible adverse impact of the loss of the individual's access authorization upon the DOE program in which the individual works shall not be considered by the Administrative Judge. (c) The Administrative Judge shall make specific findings based upon the record as to the validity of each instance of derogatory information contained in the notification letter and the significance which the Administrative Judge attaches to it. These findings shall be supported fully by a statement of reasons which constitute the basis for such findings. (d) The Administrative Judge's decision shall be based on the Administrative Judge's findings of fact. If, after considering all of the factors set forth in § 710.7(c) in light of the Adjudicative Guidelines, the Administrative Judge is of the opinion that it will not endanger the common defense an… | |||||
| 10:10:5.0.2.5.6.3.5.9 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.28 Action on the Administrative Judge's decision. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59597, July 23, 2024] | (a) Within 10 calendar days of receipt of the decision and the administrative record, unless an extension of time is granted by the Director, the Manager shall: (1) Notify the individual in writing of the Administrative Judge's decision; (2) Advise the individual in writing of the appeal procedures available to the individual in paragraph (b) of this section if the decision is unfavorable to the individual; (3) Advise the individual in writing of the appeal procedures available to the Manager and the Director in paragraph (c) of this section if the decision is favorable to the individual; and (4) Provide the individual and/or their counsel or other representative a copy of the Administrative Judge's decision and the administrative record. (b) If the Administrative Judge's decision is unfavorable to the individual: (1) The individual may file with the Director a written request for further review of the decision by the Appeal Panel along with a statement required by paragraph (e) of this section within 30 calendar days of the individual's receipt of the Manager's notice; (2) The Director may, for good cause shown, extend the time for filing a request for further review of the decision by the Appeal Panel at the written request of the individual, provided the request for an extension of time is filed by the individual within 30 calendar days of receipt of the Manager's notice; (3) The Administrative Judge's decision shall be final and not subject to review or appeal if the individual does not: (i) File a written request for a review of the decision by the Appeal Panel or for an extension of time to file a written request for review of the decision by the Appeal Panel in accordance with paragraphs (b)(1) or (b)(2) of this section, or (ii) File a written request for review of the decision by the Appeal Panel after having been granted an extension of time to do so. (c) If the Administrative Judge's decision is favorable to the individual: (1) The Manager, with the concurrence of the Director, shall grant o… | |||||
| 10:10:5.0.2.5.6.4.5.1 | 10 | Energy | III | 710 | D | Subpart D—Miscellaneous | § 710.32 Terminations. | DOE | (a) If the individual is no longer an applicant for access authorization or no longer requires access authorization, the procedures of this part shall be terminated without a final decision as to the individual's access authorization eligibility, unless a final decision has been rendered prior to the DOE being notified of the change in the individual's pending access authorization status. Where the procedures of this part have been terminated pursuant to this paragraph after an unfavorable initial agency decision as to the individual's access authorization eligibility has been rendered, any subsequent request for access authorization for the individual will be processed as a request for a review of the initial agency decision by the Appeal Panel and a final agency decision will be rendered pursuant to § 710.29, unless a minimum of one year has elapsed since the date of the initial agency decision. (b) With regard to applicants (individuals for whom DOE has not yet approved access authorization), DOE may administratively terminate processing an application for access authorization under the following circumstances: (1) If the applicant is currently the subject of criminal proceedings for a felony offense or an offense that is punishable by a term of imprisonment of one year or longer, or is awaiting or serving a form of probation, suspended or deferred sentencing, or parole. Once all judicial proceedings on the criminal charges have been finally resolved, and the term (if any) of imprisonment, probation, or parole has been completed, DOE processing of a request for access authorization shall resume upon receipt by DOE of a written request therefor, provided that the individual has a bona fide offer of employment requiring access authorization. (2) If sufficient information about the individual's background cannot be obtained to meet the investigative scope and extent requirements for the access authorization requested. (c) If an individual believes that the provisions of paragraph (b) of this section have been… | ||||||
| 10:10:5.0.2.5.6.4.5.2 | 10 | Energy | III | 710 | D | Subpart D—Miscellaneous | § 710.33 Time frames. | DOE | Statements of time established for processing aspects of a case under this part are the agency's desired time frames in implementing the procedures set forth in this part. However, failure to meet the time frames shall have no impact upon the final disposition of an access authorization by a Manager, Administrative Judge, the Appeal Panel, or the Secretary, and shall confer no procedural or substantive rights upon an individual whose access authorization eligibility is being considered. | ||||||
| 10:10:5.0.2.5.6.4.5.3 | 10 | Energy | III | 710 | D | Subpart D—Miscellaneous | § 710.34 Acting officials. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023] | Except for the Secretary, the responsibilities and authorities conferred in this part may be exercised by persons who have been designated in writing as acting for, or in the temporary capacity of, the following DOE positions: The Local Director of Security; the Manager; the Director, or the General Counsel. The responsibilities and authorities of the Deputy Director for Security, Office of Environment, Health, Safety and Security may be exercised by persons in senior security-related positions within the Office of Environment, Health, Safety and Security who have been designated in writing as acting for, or in the temporary capacity of, the Deputy Director for Security, Office of Environment, Health, Safety and Security, with the approval of the Director, Office of Environment, Health, Safety and Security. |
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