[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR960.10]



[Page 300-301]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 960_LICENSING OF PRIVATE REMOTE SENSING SYSTEMS--Table of Contents

 

                           Subpart B_Licenses

 

Sec. 960.10  Appeals/hearings.



    (a) An applicant or licensee may submit a written appeal to the 

Administrator involving the granting, denial, or conditioning of a 

license; a license amendment; a foreign agreement; or enforcement action 

under this part. The appeal must state the action(s) appealed, must set 

forth a detailed explanation of the reasons for the appeal, and must be 

submitted within twenty-one (21) days of the action appealed. The 

appellant may request a hearing on the appeal before a designated 

hearing officer.

    (b) The hearing shall be held no later than thirty (30) days after 

receipt of the appeal, unless the hearing officer extends the time. The 

appellant and other interested persons may appear personally or by 

counsel and submit information and present arguments, as determined 

appropriate by the hearing officer. Hearings may be closed to the public 

as necessary to protect classified or proprietary information. Hearings 

shall be transcribed, and transcripts made available to the public, as 

required by statute. Classified and proprietary information shall not be 

included in the public transcripts. Within thirty (30) days of the 

conclusion of the hearing, the hearing officer shall recommend a 

decision to the Administrator.

    (c) The hearing requested under paragraph (a) of this section may be 

granted unless the issues being appealed involve the conduct of military 

or foreign affairs functions. Determinations concerning limitations on 

data collection or distribution, license conditions, or enforcement 

actions necessary to meet national security concerns, foreign policies 

or international obligations are not subject to a hearing under this 

Section. A determination to deny an appeal/hearing on this basis shall 

constitute final agency action.

    (d) The Administrator may adopt the hearing officer's recommended 

decision or may reject or modify it. The Administrator will notify the 

appellant of the decision, and the reason(s) therefor, in writing, 

within thirty (30) days of receipt of the hearing officer's recommended 

decision. The Administrator's action shall constitute final Agency 

action.

    (e) Any time limit prescribed in this section may be extended for a 

period not to exceed thirty (30) days by the Administrator for good 

cause, upon his/her own motion or written request from the appellant.

    (f) The licensee shall be entitled to an expedited hearing on the 

review of a foreign agreement if the request is filed with the 

Administrator within seven (7) days of the date of mailing of the 

Assistant Administrator's notice under Sec. 960.8(d)(1). The request 

shall set forth the licensee's response to the determinations contained 

in the notice, and demonstrate that the time necessary to complete the 

normal hearing process will jeopardize the agreement.

    (1) Expedited hearings shall commence within five (5) days after the 

filing of the request with the Administrator unless the Administrator or 

the Hearing Officer postpones the date of the hearing or the parties 

agree that it shall commence at a later time.

    (2) Within five (5) days of the conclusion of the hearing, the 

Hearing Officer shall prepare findings and conclusions for consideration 

by the Administrator.

    (3) Within fourteen (14) days after receipt of such material, the 

Administrator shall issue his/her findings and



[[Page 301]]



conclusions and a statement of the reasons on which they are based. This 

decision constitutes final agency action.