[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR710.22]

[Page 355]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 710_CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO 
 
 Subpart A_General Criteria and Procedures for Determining Eligibility 
       for Access to Classified Matter or Special Nuclear Material
 
Sec. 710.22  Initial decision process.

    (a) The Manager shall make an initial decision as to the 
individual's access authorization eligibility based on the existing 
information in the case if:
    (1) The individual fails to respond to the notification letter by 
filing a timely written request for a hearing before a Hearing Officer 
or fails to respond to the notification letter after requesting an 
extension of time to do so;
    (2) The individual's response to the notification letter does not 
request a hearing before a Hearing Officer; or
    (3) The Hearing Officer refers the individual's case to the Manager 
in accordance with Sec. 710.25(e) or Sec. 710.26(b).
    (b) Unless an extension of time is granted by the Director, Office 
of Personnel Security, DOE Headquarters, the Manager's initial decision 
as to the individual's access authorization eligibility shall be made 
within 15 calendar days of the date of receipt of the information in 
paragraph (a) of this section. The Manager shall either grant or deny, 
or reinstate or revoke, the individual's access authorization.
    (c) A letter reflecting the Manager's initial decision in the 
individual's case shall be signed by the Manager and delivered to the 
individual within 15 calendar days of the date of the Manager's decision 
unless an extension of time is granted by the Director, Office of 
Personnel Security, DOE Headquarters. If the Manager's initial decision 
is unfavorable to the individual, the individual shall be advised:
    (1) Of the Manager's unfavorable decision and the reason(s) 
therefor;
    (2) That within 30 calendar days from the date of receipt of the 
letter, he may file a written request for a review of the Manager's 
initial decision through the Director, Office of Personnel Security, DOE 
Headquarters, to the DOE Headquarters Appeal Panel (hereafter referred 
to as the ``Appeal Panel'');
    (3) That the Director, Office of Personnel Security, DOE 
Headquarters, may, for good cause shown, at the written request of the 
individual, extend the time for filing a written request for a review of 
the case by the Appeal Panel; and
    (4) That if the written request for a review of the Manager's 
initial decision by the Appeal Panel is not filed within 30 calendar 
days of the individual's receipt of the Manager's letter, the Manager's 
initial decision in the case shall be final.

[66 FR 47064, Sept. 11, 2001, as amended at 71 FR 68730, Nov. 28, 2006]

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