[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR10.35]

[Page 253-254]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 10--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR 
 
                          Subpart C--Procedures
 
Sec. 10.35  Reconsideration of cases.

    (a) Where, pursuant to the procedures set forth in Sec. Sec. 10.20 
through 10.34, the Deputy Executive Director for Management Services or 
the Commission has made a determination granting an access authorization 
and/or an employment clearance to an individual, the individual's 
eligibility for an access authorization and/or an employment clearance 
will be reconsidered only when subsequent to the time of that 
determination, new derogatory information has been received or the scope 
or sensitivity of the Restricted Data or National Security Information 
to which the individual has or will have access has significantly 
increased. All new derogatory information, whether

[[Page 254]]

resulting from the NRC's reinvestigation program or other sources, will 
be evaluated relative to an individual's continued eligibility in 
accordance with the procedures of this part.
    (b) Where, pursuant to these procedures, the Commission or Deputy 
Executive Director for Management Services has made a determination 
denying or revoking an access authorization and/or an employment 
clearance to an individual, the individual's eligibility for an access 
authorization and/or an employment clearance may be reconsidered when 
there is a bona fide offer of employment and/or a bona fide need for 
access to Restricted Data or National Security Information and either 
material and relevant new evidence is presented, which the individual 
and his or her representatives are without fault in failing to present 
before, or there is convincing evidence of reformation or 
rehabilitation. Requests for reconsideration must be submitted in 
writing to the Deputy Executive Director for Management Services through 
the Director, Office of Administration. Requests must be accompanied by 
an affidavit setting forth in detail the information referred to above. 
The Deputy Executive Director for Management Services shall cause the 
individual to be notified as to whether his or her eligibility for an 
access authorization and/or an employment clearance will be reconsidered 
and if so, the method by which a reconsideration will be accomplished.
    (c) Where an access authorization and/or an employment clearance has 
been granted to an individual by the Director, Division of Facilities 
and Security, without recourse to the procedures set forth in Sec. Sec. 
10.20 through 10.34, the individual's eligibility for an access 
authorization and/or an employment clearance will be reconsidered only 
in a case where, subsequent to the granting of the access authorization 
and/or employment clearance, new derogatory information has been 
received or the scope or sensitivity of the Restricted Data or National 
Security Information to which the individual has or will have access has 
significantly increased. All new derogatory information, whether 
resulting from the NRC's reinvestigation program or other sources, will 
be evaluated relative to an individual's continued eligibility in 
accordance with the procedures of this part.

[64 FR 15645, Apr. 1, 1999]