[Code of Federal Regulations]

[Title 10, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 10CFR824.12]



[Page 515-516]

 

                            TITLE 10--ENERGY

 

                    CHAPTER III--DEPARTMENT OF ENERGY

 

PART 824_PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR 

CLASSIFIED INFORMATION SECURITY VIOLATIONS--Table of Contents

 

Sec. 824.12  Conduct of the hearing.



    (a) DOE shall make a transcript of the hearing;

    (b) Except as provided in paragraph (d) of this section, the Hearing 

Officer may receive any oral or documentary evidence, but shall exclude 

irrelevant, immaterial or unduly repetitious evidence;

    (c) Witnesses shall testify under oath and are subject to cross-

examination, except as provided in paragraph (d) of this section;



[[Page 516]]



    (d) The Hearing Officer must use procedures appropriate to safeguard 

and prevent unauthorized disclosure of classified information or any 

other information protected from public disclosure by law or regulation, 

with minimum impairment of rights and obligations under this part. The 

classified or otherwise protected status of any information shall not, 

however, preclude its being introduced into evidence. The Hearing 

Officer may issue such orders as may be necessary to consider such 

evidence in camera including the preparation of a supplemental initial 

decision to address issues of law or fact that arise out of that portion 

of the evidence that is classified or otherwise protected.

    (e) DOE has the burden of going forward with and of proving by a 

preponderance of the evidence that the violation occurred as set forth 

in the final notice of violation and that the proposed civil penalty is 

appropriate. The person to whom the final notice of violation has been 

addressed shall have the burden of presenting and of going forward with 

any defense to the allegations set forth in the final notice of 

violation. Each matter of controversy shall be determined by the Hearing 

Officer upon a preponderance of the evidence.