[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: 10CFR710.9]

[Page 352-353]
 
                            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. 710.9  Action on derogatory information.

    (a) If the reports of investigation of an individual or other 
reliable information tend to establish the validity and significance of 
one or more items in the criteria, or of other reliable information or 
facts which are of security concern, although outside the scope of the 
stated categories, such information shall be regarded as derogatory and 
create a question as to the individual's access authorization 
eligibility.

[[Page 353]]

    (b) If a question arises as to the individual's access authorization 
eligibility, the Local Director of Security shall authorize the conduct 
of an interview with the individual, or other appropriate actions, which 
may include a DOE-sponsored mental evaluation, and, on the basis of the 
results of such interview or actions, may authorize the granting of the 
individual's access authorization. If, in the opinion of the Local 
Director of Security, the question as to the individual's access 
authorization eligibility has not been favorably resolved, he shall 
submit the matter to the Manager with a recommendation that authority be 
obtained to process the individual's case under administrative review 
procedures.
    (c) If the Manager agrees that unresolved derogatory information is 
present and that appropriate attempts to resolve such derogatory 
information have been unsuccessful, he shall notify the Director, Office 
of Personnel Security, DOE Headquarters, of his proposal to conduct an 
administrative review proceeding, accompanied by an explanation of the 
security concerns and a duplicate Personnel Security File. If the 
Manager believes that the derogatory information has been favorably 
resolved, he shall direct that access authorization be granted for the 
individual. The Manager may also direct the Local Director of Security 
to obtain additional information in the matter prior to deciding whether 
to grant the individual access authorization or to submit a request for 
authority to conduct an administrative review proceeding. A decision in 
the matter shall be rendered by the Manager within 10 calendar days of 
its receipt.
    (d) Upon receipt of the Manager's notification, the Director, Office 
of Personnel Security, shall review the matter and confer with the 
Manager on:
    (1) The institution of administrative review proceedings set forth 
in Sec. Sec. 710.20 through 710.32;
    (2) The granting of access authorization; or
    (3) Other actions as the Director deems appropriate.
    (e) The Director, Office of Personnel Security, shall act pursuant 
to one of these options within 30 calendar days of the receipt of the 
Manager's notification unless an extension is granted by the Deputy 
Chief for Operations, Office of Health, Safety and Security.

[66 FR 47063, Sept. 11, 2001, as amended at 71 FR 68730, Nov. 28, 2006]