[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: 10CFR710.31]

[Page 362-363]
 
                            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. 710.31  Action by the Secretary.

    (a) Whenever an individual has not been afforded an opportunity to 
cross-examine witnesses who have furnished information adverse to the 
individual under the provisions of Sec. Sec. 710.26(l) or (o), or the 
opportunity to review and respond to the information provided by the 
Deputy Chief for Operations, Office of Health, Safety and Security, to 
the

[[Page 363]]

Secretary under Sec. 710.29(i), only the Secretary may issue a final 
decision to deny or revoke DOE access authorization for the individual 
after personally reviewing the administrative record and any additional 
material provided by the Deputy Chief for Operations, Office of Health, 
Safety and Security. The Secretary's authority may not be delegated and 
may be exercised only when the Secretary determines that the 
circumstances described in Sec. 710.26(l) or (o), or Sec. 710.29(i) 
are present, and such determination shall be final.
    (b) Whenever the Secretary issues a final decision as to the 
individual's DOE access authorization eligibility, the individual and 
other concerned parties will be notified in writing, by the Deputy Chief 
for Operations, Office of Health, Safety and Security, of that decision 
and of the Secretary's findings with respect to each of the allegations 
contained in the notification letter and each substantial issue 
identified in the statement in support of the request for review to the 
extent allowed by the national security.
    (c) Nothing contained in these procedures shall be deemed to limit 
or affect the responsibility and powers of the Secretary to issue 
subpoenas or to deny or revoke access to Restricted Data, national 
security information, or special nuclear material.
    (d) Only the Secretary may approve initial and subsequent requests 
under Sec. 710.29(h) by the Deputy Chief for Operations, Office of 
Health, Safety and Security, to defer the review of an individual's case 
by the Appeal Panel.

[66 FR 47066, Sept. 11, 2001, as amended at 71 FR 68731, Nov. 28, 2006]