[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: 10CFR710.32]

[Page 363-364]
 
                            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. 710.32  Reconsideration of access eligibility.

    (a) If, pursuant to the procedures set forth in Sec. Sec. 710.20 
through 710.31 the Manager, Hearing Officer, Appeal Panel, or the 
Secretary has made a decision granting or reinstating access 
authorization for an individual, the individual's access authorization 
eligibility shall be reconsidered as a new administrative review under 
the procedures set forth in this subpart when previously unconsidered 
derogatory information is identified, or the individual violates a 
commitment or promise upon which the DOE previously relied to favorably 
resolve an issue of access authorization eligibility.
    (b) If, pursuant to the procedures set forth in Sec. Sec. 710.20 
through 710.31 the Manager, Hearing Officer, Appeal Panel, or the 
Secretary has made a decision denying or revoking access authorization 
for the individual, the individual's access authorization eligibility 
may be reconsidered only when the individual so requests, when there is 
a bona fide offer of employment requiring access to Restricted Data, 
national security information, or special nuclear material, and when 
there is either:
    (1) Material and relevant new evidence which the individual and the 
individual's representatives are without fault in failing to present 
earlier, or
    (2) Convincing evidence of rehabilitation or reformation.
    (c) A request for reconsideration shall be submitted in writing to 
the Deputy Chief for Operations, Office of Health, Safety and Security, 
accompanied by an affidavit setting forth in detail the new evidence or 
evidence of rehabilitation or reformation. If the Deputy Chief for 
Operations, determines that the regulatory requirements for 
reconsideration have been met, the Director shall notify the individual 
that the individual's access authorization shall be reconsidered in 
accordance with established procedures for determining eligibility for 
access authorizations.
    (d) If the individual's access authorization is not reinstated 
following reconsideration, the individual shall be advised by the 
Director, Office of Personnel Security, DOE Headquarters, in writing:
    (1) Of the unfavorable action and the reason(s) therefor; and
    (2) That within 30 calendar days from the date of receipt of the 
notification, he may file, through the Director, Office of Personnel 
Security, DOE Headquarters, DOE Headquarters, a written request for a 
review of the decision by the Appeal Panel, in accordance with Sec. 
710.29.

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

[[Page 364]]

                              Miscellaneous