[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: 10CFR2.103]

[Page 31]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 2_RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS--Table of Contents
 
 Subpart A_Procedure for Issuance, Amendment, Transfer, or Renewal of a 
                                 License
 
Sec. 2.103  Action on applications for byproduct, source, special 
nuclear material, facility and operator licenses.

    (a) If the Director of Nuclear Reactor Regulation or the Director of 
Nuclear Material Safety and Safeguards, as appropriate, finds that an 
application for a byproduct, source, special nuclear material, facility, 
or operator license complies with the requirements of the Act, the 
Energy Reorganization Act, and this chapter, he will issue a license. If 
the license is for a facility, or for receipt of waste radioactive 
material from other persons for the purpose of commercial disposal by 
the waste disposal licensee, or for a construction authorization for a 
HLW repository at a geologic repository operations area under to parts 
60 or 63 of this chapter, or if it is to receive and possess high-level 
radioactive waste at a geologic repository operations area under parts 
60 or 63 of this chapter, the Director of Nuclear Reactor Regulation or 
the Director of Nuclear Material Safety and Safeguards, as appropriate, 
will inform the State, Tribal and local officials specified in Sec. 
2.104(e) of the issuance of the license. For notice of issuance 
requirements for licenses issued under part 61 of this chapter, see 
Sec. 2.106(d).
    (b) If the Director of Nuclear Reactor Regulation or Director of 
Nuclear Material Safety and Safeguards, as appropriate, finds that an 
application does not comply with the requirements of the Act and this 
chapter he may issue a notice of proposed denial or a notice of denial 
of the application and inform the applicant in writing of:
    (1) The nature of any deficiencies or the reason for the proposed 
denial or the denial, and
    (2) The right of the applicant to demand a hearing within twenty 
(20) days from the date of the notice or such longer period as may be 
specified in the notice.

[28 FR 10152, Sept. 17, 1963, as amended at 47 FR 57478, Dec. 27, 1982; 
66 FR 55787, Nov. 2, 2001; 69 FR 2235, Jan. 14, 2004]

                  Hearing on Application--How Initiated