[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: 10CFR708.2]

[Page 330-331]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 708.2  What are the definitions of terms used in this part?

    For purposes of this part:
    Contractor means a seller of goods or services who is a party to:
    (1) A management and operating contract or other type of contract 
with DOE to perform work directly related to activities at DOE-owned or 
-leased facilities, or
    (2) A subcontract under a contract of the type described in 
paragraph (1) of this definition, but only with respect to work related 
to activities at DOE-owned or -leased facilities.
    Day means a calendar day.
    Discovery means a process used to enable the parties to learn about 
each other's evidence before a hearing takes place, including oral 
depositions, written interrogatories, requests for admissions, 
inspection of property and requests for production of documents.
    DOE Official means any officer or employee of DOE whose duties 
include program management or the investigation or enforcement of any 
law, rule, or regulation relating to Government contractors or the 
subject matter of a contract.
    EC Director means the Director of the Office of Employee Concerns at 
DOE Headquarters, or any official to whom the Director delegates his or 
her functions under this part.
    Employee means a person employed by a contractor, and any person 
previously employed by a contractor if that person's complaint alleges 
that employment was terminated for conduct described in Sec. 708.5 of 
this subpart.

[[Page 331]]

    Field element means a DOE field-based office that is responsible for 
the management, coordination, and administration of operations at a DOE 
facility.
    Head of Field Element means the manager or head of a DOE operations 
office or field office, or any official to whom those individuals 
delegate their functions under this part.
    Hearing Officer means an individual appointed by the OHA Director to 
conduct a hearing on a complaint filed under this part.
    Management and operating contract means an agreement under which DOE 
contracts for the operation, maintenance, or support of a Government-
owned or -leased research, development, special production, or testing 
establishment that is wholly or principally devoted to one or more of 
the programs of DOE.
    Mediation means an informal, confidential process in which a neutral 
third person assists the parties in reaching a mutually acceptable 
resolution of their dispute; the neutral third person does not render a 
decision.
    OHA Director means the Director of the Office of Hearings and 
Appeals, or any official to whom the Director delegates his or her 
functions under this part.
    Party means an employee, contractor, or other party named in a 
proceeding under this part.
    Retaliation means an action (including intimidation, threats, 
restraint, coercion or similar action) taken by a contractor against an 
employee with respect to employment (e.g., discharge, demotion, or other 
negative action with respect to the employee's compensation, terms, 
conditions or privileges of employment) as a result of the employee's 
disclosure of information, participation in proceedings, or refusal to 
participate in activities described in Sec. 708.5 of this subpart.
    You means the employee who files a complaint under this part, or the 
complainant.