[Code of Federal Regulations]
[Title 15, Volume 1, Parts 0 to 299]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR280.222]

[Page 405-406]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT 
                               OF COMMERCE
 
PART 280--FASTENER QUALITY--Table of Contents
 
                         Subpart C--Enforcement
 
Sec. 280.222  Appeals.

    (a) Grounds. A party may appeal to the Under Secretary from an order 
disposing of a proceeding or an order denying a petition to set aside a 
default or a petition for reopening, on the grounds:
    (1) That a necessary finding of fact is omitted, erroneous or 
unsupported by substantial evidence of record;
    (2) That a necessary legal conclusion or finding is contrary to law;
    (3) That prejudicial procedural error occurred; or
    (4) That the decision or the extent of sanctions is arbitrary, 
capricious or an abuse of discretion. The appeal must specify the 
grounds on which the appeal is based and the provisions of the order 
from which the appeal is taken.
    (b) Filing of appeal. An appeal from an order must be filed with the 
Office of the Under Secretary for Export Administration, Bureau of 
Export Administration, U.S. Department of Commerce, Room H-3898, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230, within 30 
days after service of the order appealed from. If the Under Secretary 
cannot act on an appeal for any reason, the Under Secretary will 
designate another Department of Commerce official to receive and act on 
the appeal.
    (c) Effect of appeal. The filing of an appeal shall not stay the 
operation of any order, unless the order by its express terms so 
provides or unless the Under Secretary, upon application by a party and 
with opportunity for response, grants a stay.
    (d) Appeal procedure. The Under Secretary normally will not hold 
hearings or entertain oral argument on appeals. A full written statement 
in support of the appeal must be filed with the appeal and be 
simultaneously served on all parties, who shall have 30 days from 
service to file a reply. At his/her discretion, the Under Secretary may 
accept new submissions, but will not ordinarily accept those submissions 
filed more than 30 days after the filing of the reply to the appellant's 
first submission.
    (e) Decisions. The decision will be in writing and will be 
accompanied by an order signed by the Under Secretary giving effect to 
the decision. The order may either dispose of the case by affirming, 
modifying or reversing the order of the administrative law judge

[[Page 406]]

or may refer the case back to the administrative law judge for further 
proceedings.
    (f) Delivery. The final decision and implementing order shall be 
served on the parties and will be publicly available in accordance with 
Sec. 280.221 of this part.
    (g) Judicial review. The charged party may appeal the Under 
Secretary's written order within 30 days to the appropriate United 
States District Court pursuant to section 9(b)(3) of the Act (15 U.S.C. 
5408(b)(3)) by filing a notice of appeal in such court within 30 days 
from the date of such order and by simultaneously sending a copy of such 
notice by certified mail to the Chief Counsel for Export Administration, 
Room H-3839, U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230. The findings and order of the Under 
Secretary shall be set aside by such court if they are found to be 
unsupported by substantial evidence, as provided in section 706(2) of 
title 5 United States Code.

[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 
June 28, 2000]