[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: 10CFR710.28]

[Page 360]
 
                            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. 710.28  Action on the Hearing Officer's decision.

    (a) Within 10 calendar days of receipt of the decision and the 
administrative record, unless an extension of time is granted by the 
Director, Office of Personnel Security, DOE Headquarters, the Manager 
shall:
    (1) Notify the individual in writing of the Hearing Officer's 
decision;
    (2) Advise the individual in writing of the appeal procedures 
available to the individual in paragraph (b) of this section if the 
decision is unfavorable to the individual;
    (3) Advise the individual in writing of the appeal procedures 
available to the Manager and the Director, Office of Personnel Security, 
DOE Headquarters, in paragraph (c) of this section if the decision is 
favorable to the individual; and,
    (4) Provide the individual and/or counsel or representative, a copy 
of the Hearing Officer's decision and the administrative record.
    (b) If the Hearing Officer's decision is unfavorable to the 
individual:
    (1) The individual may file with the Director, Office of Personnel 
Security, DOE Headquarters, a written request for further review of the 
decision by the Appeal Panel along with a statement required by 
paragraph (e) of this section within 30 calendar days of the 
individual's receipt of the Manager's notice;
    (2) The Director, Office of Personnel Security, DOE Headquarters 
may, for good cause shown, extend the time for filing a request for 
further review of the decision by the Appeal Panel at the written 
request of the individual provided the request for an extension of time 
is filed by the individual within 30 calendar days of receipt of the 
Manager's notice;
    (3) The Hearing Officer's decision shall be considered final if the 
individual does not: file a written request for a review of the decision 
by the Appeal Panel or for an extension of time to file a written 
request for further review of the decision by the Appeal Panel in 
accordance with paragraphs (b)(1) or (b)(2) of this section; or, file a 
written request for a further review of the decision by the Appeal Panel 
after having been granted an extension of time to do so.
    (c) If the Hearing Officer's decision is favorable to the 
individual, within 30 calendar days of the individual's receipt of the 
Manager's notice:
    (1) The Manager or the Director, Office of Personnel Security, DOE 
Headquarters, may file a written request for further review of the 
decision by the Appeal Panel along with the statement required by 
paragraph (e) of this section;
    (2) The Deputy Chief for Operations, Office of Health, Safety and 
Security, may, at the written request of the Manager or Director, Office 
of Personnel Security, DOE Headquarters, extend the time for filing a 
request for further review of the decision by the Appeal Panel; or
    (3) The Manager, with the concurrence of the Director, Office of 
Personnel Security, DOE Headquarters, shall grant or reinstate the 
individual's access authorization.
    (d) A copy of any request for further review of the individual's 
case by the Appeal Panel filed by the Manager or the Director, Office of 
Personnel Security, shall be provided to the individual by the Manager.
    (e) The party filing a request for review of the individual's case 
by the Appeal Panel shall include with the request a statement 
identifying the issues on which it wishes the Appeal Panel to focus. A 
copy of such statement shall be served on the other party, who may file 
a response with the Appeal Panel within 20 calendar days of receipt of 
the statement.

[66 FR 47065, Sept. 11, 2001, as amended at 71 FR 68730, Nov. 28, 2006]