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NRCFARSD0007 - Appeal Level 1 - Procedures

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Agency Scheme:

NRCFARSD0007

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the Executive Director for Operations

Appeal Office (global name):

Nuclear Regulatory Commission: Office of the Executive Director for Operations

Sub-Agency/Bureau/Division::

Office of the Chairman

Appeal Officer #1 (Title):

Executive Director for Operations

Are administrative appeals permitted from final decisions issued by this appellate office?:

No

Comments/Notes on Adjudication Structure:

Appeal proceedings for suspended or debarred contractors to seek review of final decision by NRC Senior Procurement Executive to suspend or debar under the Federal Acquisition Regulations (FAR) and NRC Acquisition Regulations (NRCRC). (See 48 CFR chapters 1 (FAR) & 20 (NRCRC)). The entire regulatory scheme for appeal of suspensions/debarments by contractors is set forthin a single provision which states as follows: "A debarred or suspended contractor may appeal the debarring/suspending official's decision by mailing or otherwise furnishing a written notice within 90 days from the date of the decision to the Executive Director for Operations. A copy of the notice of appeal must be furnished to the debarring/suspending official." (48 CFR 2009.470).

PROCESS & PROCEDURE - General Information

Which party (or parties) is/are permitted to file appeals with this office?:

Private Party

Are private parties permitted to have representation at appeal hearings?:

Yes (All Types of Cases)

Who may serve as a private party representative?:

Either

Is the agency permitted to have representation at appeal hearings?:

N/A (e.g., Agency Not Party to Hearing)

Regulations/rules of practice for appeal hearings (please include CFR citations):

48 CFR 2009.470

PROCESS & PROCEDURE - Hearing Procedure

What types of hearings are permitted on appeals adjudicated by this office?:

Written (Document-Only) Hearing

Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing:
100%

How is the type of hearing selected for appeals heard by this office?:

Required by Rule

How many appeal officers preside at each hearing?:

One

Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:

No

Can third-parties submit amicus briefs and/or evidence?:

No

Are appeal hearings recorded and/or transcribed?:

N/A (Document-Only Hearings)

Are appeal hearings open to the public?:

N/A (Document-Only Hearing)

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

If "Other/Varies by Case," please describe:

Who has authority to issue final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?:

No

PROCESS & PROCEDURE - Case Management

Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?:

No

Are final decisions issued by this appellate office published and/or posted on the agency website?:

No

Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:

No

Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:

No

ADJUDICATORS

Total # of Appeal Officers:

1

Information About Appeal Officer:

Adjudication Officer Title	Are persons in this position employed full-time as adjudication officers?	If "No", briefly describe other duties:
Executive Director for Operations	No	As noted in NRC's website, the Executive Director for Operations (EDO) carries out the policies and decisions of the Commission and directs the activities of the various program offices. He or she is the chief operating officer of the Commission, and is authorized to discharge the operational and administrative functions necessary for the day-to-day operations of the agency. This includes supervising and coordinating policy development, agency operational activities, and implementation of Commission policy directives.

ADR: General Information

Is ADR available at one or more points for appellate cases heard by this office?:

No

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

CASELOAD STATISTICS - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Not verified

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NRCFARSD0007 - Appeal Level 1 - Procedures