[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR17.26]

[Page 181]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 17--LICENSING OF GOVERNMENT-OWNED INVENTIONS IN THE CUSTODY OF THE DEPARTMENT OF COMMERCE--Table of Contents
 
   Subpart C--Appeal Procedures for Licensing Department of Commerce 
                                 Patents
 
Sec. 17.26  Adjudicatory.

    (a) Any appellant party who seeks review of the Director's decision 
based upon a modification or termination of a license by the Director 
under Sec. 17.24(b), or who has filed a timely objection and can 
demonstrate damages as provided in Sec. 17.24(c), shall be entitled to 
an adversary hearing in accord with the provisions of the Administrative 
Procedures Act (5 U.S.C. 554-557). A party may waive an adversary 
hearing by filing a written waiver with the Under Secretary.
    (b) When an adversary hearing is required under Sec. 17.24 (b) or 
(c) the Under Secretary shall appoint as promptly as possible an 
Administrative Law Judge who shall hold hearings no later than 45 days 
from the date of the appointment. The hearings will be conducted in 
conformity with the objectives of the Administrative Procedure Act. The 
Administrative Law Judge shall submit a written recommendation to the 
Under Secretary no later than 30 days subsequent to the hearing and/or 
the filing of any required written arguments or documentation.
    (c) The Under Secretary shall render a final written decision on 
behalf of the Department based upon the appeal file which shall include 
the hearing record, exhibits, written submissions of the party(ies), and 
the recommendation of the Administrative Law Judge. The Under 
Secretary's decision shall include the reasons which form the basis of 
the determination. The final decision may uphold, overrule, or modify 
the Director's decision or take any action deemed appropriate.
    (d) Judicial review is available as the law permits.

[49 FR 7986, Mar. 5, 1984, as amended at 55 FR 38983, Sept. 24, 1990]