Other Fields
Agency Scheme: 
DOENAPPA0002
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
DOE Headquarters Appeal Panel
Appeal Office (global name): 
Department of Energy: DOE Headquarters Appeal Panel
Sub-Agency/Bureau/Division:: 
Office of Health, Safety, and Security
Appeal Officer #1 (Title): 
DOE Headquarters Appeal Panel
Appeal Officer #2 (Title): 
Secretary
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
After a determination as to an individual's eligibility for access to classified or special nuclear material has been made, either the individual or the Manager/Director of the Office of Personnel Security may appeal the decision to the DOE Headquarters Appeal Panel. The Appeal Panel may initiate its own investigation as part of its decision process.
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
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
10 CFR 710.28-710.32
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
How many appeal officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
Usually, the Appeals Panel--a panel of three-hears the case. If an individual has not had the opportunity to respond to newly submitted evidence, the Secretary hears the case.
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (All Types of Cases)
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
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?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
Within 45 days of closure of the administrative record. See 10 CFR 710.29
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?: 
Yes (All Decisions)
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: 
4
Comments/Notes on Appellate Adjudicators (Optional): 
Appeals Panel as decisional body: The Appeal Panel shall consist of three members: (1) The Principal Deputy Chief for Mission Support Operations, Office of Health, Safety and Security, shall serve as a permanent member of the Appeal Panel and as the Appeal Panel Chairman; (2) A DOE attorney designated by the General Counsel; (3) Either a designee of the head of the DOE Headquarters element who has cognizance over the individual whose access authorization eligibility is being considered or a designee of the Chairman. See 10 CFR 710.29(b) Secretary as decisionmaker: Whenever an individual has not been afforded an opportunity to cross-examine witnesses who have furnished information adverse to the individual, or the opportunity to review and respond to the information provided by the Principal Deputy Chief for Mission Support Operations, Office of Health, Safety and Security, to the Secretary, only the Secretary may issue a final decision to deny or revoke DOE access authorization for the individual after personally reviewing the administrative record and any additional material provided by the Principal Deputy Chief for Mission Support Operations, Office of Health, Safety and Security. See 10 CFR 710.31(a)
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
Verified by Agency: 
Verified