Joint project of ACUS and Stanford Law School

NRCODATA0003 - Appeal Level 1 - Procedures

Open All Tabs | Close All Tabs

Other Fields

Agency Scheme:

NRCODATA0003

Level:

Appeal Level One

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the Deputy Executive Director for Corporate Management

Appeal Office (global name):

Nuclear Regulatory Commission: Office of the Deputy Executive Director for Corporate Management

Sub-Agency/Bureau/Division::

Executive Director for Operations

Appeal Officer #1 (Title):

NRC Personnel Security Review Panel

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

No

Comments/Notes on Adjudication Structure:

Review by NRC Personnel Security Review Board of adverse decision by Hearing Examiner concerning eligibility of agency employees, job applicants, contractors, or consultants for access to restricted data under the Atomic Energy Act of 1954 (AEA) or national security information (Part 10) or special nuclear material (Part 11).

PROCESS & PROCEDURE - General Information

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

Either

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?:

Yes (All Types of Cases)

Who may serve as an agency representative?:

Attorney

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

10 CFR 10.31 - 10.32.

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?:

Three

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

Yes (All Types of Cases)

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

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

Other

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

The Deputy Executive Director for Information Services and Administration and the Chief Information Officer.

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

No

Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:

No

If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable:

.

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?:

Yes (All Types of Cases)

If "Yes," please provide citation(s):

10 CFR 10.32(b)-(c)

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

Yes (All Types of Cases)

If "Yes," please provide citation(s):

10 CFR 10.32(b)-(c)

PROCESS & PROCEDURE

Comments/Notes on Appellate Process & Procedures (Optional):

The regulations make no reference to oral argument before the NRC Personnel Security Review Panel. The Panel appears to make its decisions solely based on the record supplemented by any written briefs and transcribed supplemental testimony (taken in front of another official). See 10 CFR 10.32(b)-(c). Thus, it assumed that appeal hearings before the Panel are written (document-only) hearings.

ADJUDICATORS

Total # of Appeal Officers:

3

Information About Appeal Officer:

Adjudication Officer Title	If "No", briefly describe other duties:
NRC Personnel Security Review Panel	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.

Adjudication Officer Title

If "No", briefly describe other duties:

NRC Personnel Security Review Panel

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

Search form

You are here

Reports

User login

NRCODATA0003 - Appeal Level 1 - Procedures