[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR10.32]

[Page 250-251]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 10_CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS 
 
                          Subpart C_Procedures
 
Sec. 10.32  Recommendation of the NRC Personnel Security Review Panel.

    (a) The Deputy Executive Director for Management Services shall 
designate an NRC Personnel Security Review Panel to conduct a review of 
the record of the case. The NRC Personnel Security Review Panel shall be 
comprised of three members, two of whom shall be selected from outside 
the security field. To qualify as an NRC Personnel Security Review Panel 
member, the person designated shall have an NRC ``Q'' access 
authorization and may be an employee of the NRC, its contractors, 
agents, or licensees. However, no employee or consultant of the NRC 
shall serve as an NRC Personnel Security Review Panel member reviewing 
the case of an employee (including a consultant) or applicant for 
employment with the NRC; nor shall any employee or consultant of an NRC 
contractor, agent or licensee serve as an NRC Personnel Security Review 
Panel member reviewing the case of an employee (including a consultant) 
or an applicant for employment of that contractor, agent, or licensee. 
No NRC Personnel Security Review Panel member shall be selected who has 
knowledge of the case or of any information relevant to the disposition 
of it, or who for any reason would be unable to issue a fair and 
unbiased recommendation.
    (b) The NRC Personnel Security Review Panel shall consider the 
matter under review based upon the record supplemented by any brief 
submitted by the individual or the Hearing Counsel. The NRC Personnel 
Security Review Panel may request additional briefs as the Panel deems 
appropriate. When the NRC Personnel Security Review Panel determines 
that additional evidence or further proceedings are necessary, the 
record may be returned to the Deputy Executive Director for Management 
Services with a recommendation that the case be returned to the 
Director, Office of Administration, for appropriate action, which may 
include returning the case to the Hearing Examiner and reconvening the 
hearing to obtain additional testimony. When additional testimony is 
taken by the Hearing Examiner, a written transcript of the testimony 
will be made a part of the record and will be taken by a person 
possessing an appropriate NRC access authorization and/or employment 
clearance and, except for portions containing Restricted Data or 
National Security Information, or other lawfully withholdable 
information, a copy of the transcript will be furnished the individual 
without cost.
    (c) In conducting the review, the NRC Personnel Security Review 
Panel shall make its findings and recommendations as to the eligibility 
or continued eligibility of an individual for an access authorization 
and/or an employment clearance on the record supplemented by additional 
testimony or briefs, as has been previously determined by the NRC 
Personnel Security Review Panel as appropriate.
    (d) The NRC Personnel Security Review Panel shall not consider the 
possible impact of the loss of the individual's services upon the NRC 
program.
    (e) If, after considering all the factors in light of the criteria 
set forth in this part, the NRC Personnel Security Review Panel is of 
the opinion that granting or continuing an access authorization and/or 
an employment clearance to the individual will not endanger the common 
defense and security and will be clearly consistent with the national 
interest, the NRC Personnel Security Review Panel shall make a favorable 
recommendation; otherwise, the NRC Personnel Security Review Panel shall 
make an adverse recommendation. The NRC Personnel Security Review Panel 
shall prepare a report of its findings and recommendations and submit 
the report in writing to the Deputy Executive Director for Management 
Services,

[[Page 251]]

who shall furnish a copy to the individual. The findings and 
recommendations must be fully supported by stated reasons.

[64 FR 15644, Apr. 1, 1999]