[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: 10CFR712.21]

[Page 384]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 712_HUMAN RELIABILITY PROGRAM--Table of Contents
 
  Subpart A_Establishment of and Procedures for the Human Reliability 
                                 Program
 
Sec. 712.21  Office of Hearings and Appeals.

    (a) The certification review hearing is conducted by the Office of 
Hearings and Appeals.
    (b) The hearing officer must have a DOE ``Q'' access authorization 
when hearing cases involving HRP duties.
    (c) An individual who requests a certification review hearing has 
the right to appear personally before the hearing officer; to present 
evidence in his or her own behalf, through witnesses or by documents, or 
by both; and to be accompanied and represented at the hearing by counsel 
or any other person of the individual's choosing and at the individual's 
own expense.
    (d) In conducting the proceedings, the hearing officer must:
    (1) Receive all relevant and material information relating to the 
individual's fitness for HRP duties through witnesses or documentation;
    (2) Ensure that the individual is permitted to offer information in 
his or her behalf; to call, examine, and cross-examine witnesses and 
other persons who have made written or oral statements, and to present 
and examine documentary evidence;
    (3) Require the testimony of the individual and all witnesses be 
given under oath or affirmation; and
    (4) Ensure that a transcript of the certification review proceedings 
is made.

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