[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR756.2]

[Page 440-441]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 756_APPEALS--Table of Contents
 
Sec.  756.2  Appeal from an administrative action.

    (a) Review and appeal officials. The Under Secretary may delegate to 
the Deputy Under Secretary for Export Administration or to another BIS 
official the authority to review and decide the appeal. In addition, the 
Under Secretary may designate any BIS official to be an appeals 
coordinator to assist in the review and processing of an appeal under 
this part. The responsibilities of an appeals coordinator may include 
presiding over informal hearings.
    (b) Appeal procedures--(1) Filing. An appeal under this part must be 
received by the Under Secretary for Export Administration, Bureau of 
Industry and Security, U.S. Department of Commerce, Room 3898, 14th 
Street and Pennsylvania Avenue, N.W., Washington, DC 20230, not later 
than 45 days after the date appearing on the written notice of 
administrative action.

[[Page 441]]

    (2) Content of appeal. The appeal must include a full written 
statement in support of appellant's position. The appeal must include a 
precise statement of why the appellant believes the administrative 
action has a direct and adverse effect and should be reversed or 
modified. The Under Secretary may request additional information that 
would be helpful in resolving the appeal, and may accept additional 
submissions. The Under Secretary will not ordinarily accept any 
submission filed more than 30 days after the filing of the appeal or of 
any requested submission.
    (3) Request for informal hearing. In addition to the written 
statement submitted in support of an appeal, an appellant may request, 
in writing, at the time an appeal is filed, an opportunity for an 
informal hearing. The Under Secretary may grant or deny a request for an 
informal hearing. Any hearings will be held in the District of Columbia 
unless the Under Secretary determines, based upon good cause shown, that 
another location would be better.
    (4) Informal hearing procedures--(i) Presentations. The Under 
Secretary shall provide an opportunity for the appellant to make an oral 
presentation based on the materials previously submitted by the 
appellant or made available by the Department in connection with the 
administrative action. The Under Secretary may require that any facts in 
controversy be covered by an affidavit or testimony given under oath or 
affirmation.
    (ii) Evidence. The rules of evidence prevailing in courts of law do 
not apply, and all evidentiary material deemed by the Under Secretary to 
be relevant and material to the proceeding, and not unduly repetitious, 
will be received and considered.
    (iii) Procedural questions. The Under Secretary has the authority to 
limit the number of people attending the hearing, to impose any time or 
other limitations deemed reasonable, and to determine all procedural 
questions.
    (iv) Transcript. A transcript of an informal hearing shall not be 
made, unless the Under Secretary determines that the national interest 
or other good cause warrants it, or the appellant requests a transcript. 
If the appellant requests a transcript, the appellant will be 
responsible for paying all expenses related to production of the 
transcript.
    (v) Report. When the Under Secretary designates another BIS official 
to conduct an informal hearing, that official will submit a written 
report containing a summary of the hearing and recommended action to the 
Under Secretary.
    (c) Decisions--(1) Determination of appeals. In addition to the 
documents specifically submitted in connection with the appeal, the 
Under Secretary shall consider any recommendations, reports, or relevant 
documents available to BIS in determining the appeal, but shall not be 
bound by any such recommendation, nor prevented from considering any 
other information, or consulting with any other person or groups, in 
making a determination. The Under Secretary may adopt any other 
procedures deemed necessary and reasonable for considering an appeal. 
The Under Secretary shall decide an appeal within a reasonable time 
after receipt of the appeal. The decision shall be issued to the 
appellant in writing and contain a statement of the reasons for the 
action.
    (2) Effect of the determination. The decision of the Under Secretary 
shall be final.
    (d) Effect of appeal. Acceptance and consideration of an appeal 
shall not affect any administrative action, pending or in effect, unless 
the Under Secretary, upon request by the appellant and with opportunity 
for response, grants a stay.

[61 FR 12851, Mar. 25, 1996, as amended at 62 FR 25467, May 9, 1997; 65 
FR 14860, Mar. 20, 2000]