[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: 10CFR708.35]

[Page 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. 708.35  How can a party obtain review by the Secretary of Energy 
of an appeal decision?

    (a) By the 30th day after receiving an appeal decision from the OHA 
Director, any party may file a petition for Secretarial review with the 
Office of Hearings and Appeals.
    (b) By the 15th day after filing a petition for Secretarial review, 
the petitioner must file a statement identifying the issues that it 
wishes the Secretary to consider. 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 the 
complaint. The Secretary will reverse or revise an appeal decision by 
the OHA Director only under extraordinary circumstances. In the event 
the Secretary determines that a revision in the appeal decision is 
appropriate, the Secretary will direct the OHA Director to issue a 
revised decision which is the final agency action on the complaint.