[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: 10CFR708.33]

[Page 338-339]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
          Subpart C_Investigation, Hearing and Decision Process
 
Sec. 708.33  What is the procedure for an appeal?

    (a) By the 15th day after filing a notice of appeal under Sec. 
708.32, the appellant must file a statement identifying the issues that 
it wishes the OHA Director to review. 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.
    (b) In considering the appeal, the OHA Director:
    (1) May initiate an investigation of any statement contained in the 
request for review and utilize any relevant facts obtained by such 
investigation in conducting the review of the initial agency decision;
    (2) May solicit and accept submissions from any party that are 
relevant to the review. The OHA Director may

[[Page 339]]

establish appropriate times to allow for such submissions;
    (3) May consider any other source of information that will advance 
the evaluation, provided that all parties are given an opportunity to 
respond to all third person submissions; and
    (4) Will close the record on appeal after receiving the last 
submission permitted under this section.