[Code of Federal Regulations]

[Title 15, Volume 2]

[Revised as of January 1, 2006]

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

[CITE: 15CFR700.81]



[Page 98-99]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE

 

PART 700_DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM--Table of Contents

 

             Subpart K_Adjustments, Exceptions, and Appeals

 

Sec. 700.81  Appeals.



    (a) Any person who has had a request for adjustment or exception 

denied by the Office of Strategic Industries and Economic Security under 

Sec. 700.80, may appeal to the Assistant Secretary for Export 

Administration, U.S. Department of Commerce, who shall review and 

reconsider the denial.

    (b) An appeal must be received by the Office of the Assistant 

Secretary for Export Administration, Bureau of Industry and Security, 

U.S. Department of Commerce, Washington, D. C. 20230, Ref: DPAS, no 

later than 45 days after receipt of a written notice of denial from the 

Office of Strategic Industries and Economic Security. After this 45-day 

period, an appeal may be accepted at the discretion of the Assistant 

Secretary for Trade Administration for good cause shown.

    (c) Each appeal must be in writing and contain a complete statement 

of all the facts and circumstances related to the action appealed from 

and a full and precise statement of the reasons the decision should be 

modified or reversed.



[[Page 99]]



    (d) In addition to the written materials submitted in support of an 

appeal, an appellant may request, in writing, an opportunity for an 

informal hearing. This request may be granted or denied at the 

discretion of the Assistant Secretary for Export Administration.

    (e) When a hearing is granted, the Assistant Secretary for Export 

Administration may designate an employee of the Department of Commerce 

to conduct the hearing and to prepare a report. The hearing officer 

shall determine all procedural questions and impose such time or other 

limitations deemed reasonable. In the event that the hearing officer 

decides that a printed transcript is necessary, all expenses shall be 

borne by the appellant.

    (f) When determining an appeal, the Assistant Secretary for Export 

Administration may consider all information submitted during the appeal 

as well as any recommendations, reports, or other relevant information 

and documents available to the Department of Commerce, or consult with 

any other persons or groups.

    (g) The submission of an appeal under this section shall not relieve 

any person from the obligation of complying with the provision of this 

regulation or official action in question while the appeal is being 

considered unless such relief is granted in writing by the Assistant 

Secretary for Export Administration.

    (h) The decision of the Assistant Secretary for Export 

Administration shall be made within a reasonable time after receipt of 

the appeal and shall be the final administrative action. It shall be 

issued to the appellant in writing with a statement of the reasons for 

the decision.



[49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as 

amended at 63 FR 31925, June 11, 1998]