Informal proceedings relating to specific licenses (i.e., licenses for named individuals) to import or export nuclear equipment and/or materials. Hearings on initial applications for specific import/export licenses are only conducted when either: (1) the Commission issues a notice of hearing after granting a timely request for hearing or intervention by any interested person (following publication of notice of the application in the Federal Register); or (2) the Commission determines that a hearing would assist it in making its determination or in the public interest. (10 CFR 110.84). Additionally, the Commission conducts hearings when seeking to revoke, suspend, or modify current import/export licenses due to AEA violations or the occurrence of conditions/activities that would otherwise warrant denial of a license application. (10 CFR 110.52 & 110.66).
Agency:
Scheme Nickname:
Import/export hearings
Comments/Notes on Adjudication Structure:
By regulation, the full Commission will ordinarily preside over hearings for import/expert licenses. However, the Commission has the discretion to notice a hearing to be conducted by one or more Commission members "or any other person as provided by law." (10 CFR 110.104) If the Commission refers the hearing to a designated presiding officer, such officer conducts a fact-finding hearing and certify the hearing record to the Commission, which issues the final decision.
Types of Adjudication:
Unknown
Comments/Notes on Adjudication Type(s):
NEH regulations do not specify the official who serves as the "hearing official," other than noting that such person "may not be under the supervision or control of the [NEH] Chairperson[.]" (45 CFR 1179.2; see also 45 CFR 1179.5(b)). Some federal agencies use ALJs for administrative sanction proceedings, including salary offsets, though it is not clear if such use is required by statute or at agency discretion.
Resources & Articles:
NEA Civil Rights Complaint Process: http://arts.gov/open/civil-rights-office/nea-civil-rights-complaint-process
NEA Complaint Form Package: http://arts.gov/file/civil-rights-office-complaint-package-2013doc
FERC ADR Brochure: http://www.ferc.gov/legal/adr/brochure.pdf
FERC 2014 Strategic Plan (emphasizing ADR): http://www.ferc.gov/about/strat-docs/FY-2014-FY-2018-strat-plan.pdf
Distinctive Features:
*Contested Applications: For initial applications for specific import/export licenses, public participation is "encouraged" via submission of written comments. (10 CFR 110.81) Interested parties may also file a request for a hearing or petition for intervention, on which the Commission rules based on enumerated considerations. (10 CFR 110.84). The Commission, by regulation, is also required to solicit the views of other specified Executive Branch agencies (i.e., Departments of Energy, State, Defense, and Commerce) on the license application before ruling on the hearing request or intervention petition.
*Basis for Commission Final Decision: While regulations require the Commission to "fully consider" the hearing record, the Commission is not limited to this record when issuing its final licensing decision. If the Commission considers extra-record material, it must post on NRC website (so long as not classified or privileged) and furnish copies to the parties. (10 CFR 110.113(b)-(c))
Other Comments:
The EAC expressly preserves its authority to delegate the appeal review process to another Federal agency through a memorandum of understanding or interagency agreement. 2 C.F.R. 5800.890(e).
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes