[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR708.19]

[Page 335]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
             Subpart B_Employee Complaint Resolution Process
 
Sec. 708.19  How can a party obtain review by the Secretary of Energy 
of a decision on appeal of a dismissal?

    (a) By the 30th day after receiving a decision on an appeal under 
Sec. 708.18 from the OHA Director, any party may file a petition for 
Secretarial review of a dismissal with the Office of Hearings and 
Appeals.
    (b) By the 15th day after filing the petition for Secretarial 
review, a party must file a statement setting forth the arguments in 
support of its position. A copy of the statement must be served on the 
other parties, who may file a response by the 20th day after receipt of 
the statement. Any response must also be served on the other parties.
    (c) All submissions permitted under this section must be filed with 
the Office of Hearings and Appeals.
    (d) After a petition for Secretarial review is filed, the Secretary 
(or his or her delegee) will issue the final agency decision on 
jurisdiction over the complaint. The Secretary will reverse or revise an 
appeal decision by the OHA Director only under extraordinary 
circumstances. In the event he or she determines that a revision in the 
appeal decision is appropriate, the Secretary will direct the OHA 
Director to issue an order either upholding the dismissal by the Head of 
Field Element or EC Director or ordering further processing of your 
complaint.