[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR10.33]

[Page 248]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 10--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO RESTRICTED DATA OR NATIONAL SECURITY INFORMATION OR AN EMPLOYMENT CLEARANCE--Table of Contents
 
                          Subpart C--Procedures
 
Sec. 10.33  Action by the Deputy Executive Director for Management Services.

    (a) The Deputy Executive Director for Management Services, on the 
basis of the record accompanied by all findings and recommendations, 
shall make a final determination whether access authorization and/or 
employment clearance shall be granted, denied, or revoked, except when 
the provisions of Sec. 10.28 (i), (j), or (l) have been used and the 
Deputy Executive Director for Management Services determination is 
adverse, the Commission shall make the final agency determination.
    (b) In making the determination as to whether an access 
authorization and/or an employment clearance shall be granted, denied, 
or revoked, the Deputy Executive Director for Management Services or the 
Commission shall give due recognition to the favorable as well as the 
unfavorable information concerning the individual and shall take into 
account the value of the individual's services to the NRC's program and 
the consequences of denying or revoking access authorization and/or 
employment clearance.
    (c) In the event of an adverse determination, the Deputy Executive 
Director for Management Services shall promptly notify the individual 
through the Director, Office of Administration, of his or her decision 
that an access authorization and/or an employment clearance is being 
denied or revoked and of his or her findings with respect to each 
allegation contained in the notification letter for transmittal to the 
individual.
    (d) In the event of a favorable determination, the Deputy Executive 
Director for Management Services shall promptly notify the individual 
through the Director, Office of Administration.

[64 FR 15644, Apr. 1, 1999]

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