[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR960.10]

[Page 297-298]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 960--LICENSING OF PRIVATE REMOTE SENSING SYSTEMS--Table of Contents
 
                           Subpart B--Licenses
 
Sec. 960.10  Appeals/hearings.

    (a) An applicant or licensee may submit a written appeal to the 
Administrator involving the granting, denial, or conditioning of a 
license; a license amendment; a foreign agreement; or enforcement action 
under this part. The appeal must state the action(s) appealed, must set 
forth a detailed explanation of the reasons for the appeal, and must be 
submitted within twenty-one (21) days of the action appealed. The 
appellant may request a hearing on the appeal before a designated 
hearing officer.
    (b) The hearing shall be held no later than thirty (30) days after 
receipt of the appeal, unless the hearing officer extends the time. The 
appellant and other interested persons may appear personally or by 
counsel and submit information and present arguments, as determined 
appropriate by the hearing officer. Hearings may be closed to the public 
as necessary to protect classified or proprietary information. Hearings 
shall be transcribed, and transcripts made available to the public, as 
required by statute. Classified and proprietary information shall not be 
included in the public transcripts. Within thirty (30) days of the 
conclusion of the hearing, the hearing officer shall recommend a 
decision to the Administrator.
    (c) The hearing requested under paragraph (a) of this section may be 
granted unless the issues being appealed involve the conduct of military 
or foreign affairs functions. Determinations concerning limitations on 
data collection or distribution, license conditions, or enforcement 
actions necessary to meet national security concerns, foreign policies 
or international obligations are not subject to a hearing under this 
Section. A determination to deny an appeal/hearing on this basis shall 
constitute final agency action.
    (d) The Administrator may adopt the hearing officer's recommended 
decision or may reject or modify it. The Administrator will notify the 
appellant of the decision, and the reason(s) therefor, in writing, 
within thirty (30) days of receipt of the hearing officer's recommended 
decision. The Administrator's action shall constitute final Agency 
action.
    (e) Any time limit prescribed in this section may be extended for a 
period not to exceed thirty (30) days by the Administrator for good 
cause, upon his/her own motion or written request from the appellant.
    (f) The licensee shall be entitled to an expedited hearing on the 
review of a foreign agreement if the request is filed with the 
Administrator within seven (7) days of the date of mailing of the 
Assistant Administrator's notice under Sec. 960.8(d)(1). The request 
shall set forth the licensee's response to the determinations contained 
in the notice, and demonstrate that the time necessary to complete the 
normal hearing process will jeopardize the agreement.
    (1) Expedited hearings shall commence within five (5) days after the 
filing of the request with the Administrator unless the Administrator or 
the Hearing Officer postpones the date of the hearing or the parties 
agree that it shall commence at a later time.
    (2) Within five (5) days of the conclusion of the hearing, the 
Hearing Officer shall prepare findings and conclusions for consideration 
by the Administrator.
    (3) Within fourteen (14) days after receipt of such material, the 
Administrator shall issue his/her findings and

[[Page 298]]

conclusions and a statement of the reasons on which they are based. This 
decision constitutes final agency action.