Other Fields
Agency Scheme: 
NRCPATLI0008
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of 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): 
NRC Invention Licensing Appeal Board
Appeal Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Appellate proceedings in which a license applicant, licensee, or interested third-parties can appeal a decision by the Commission concerning the grant, denial, interpretation, or revocation of a patent license issued by NRC under the Atomic Energy Act. (See 48 CFR Part 81). Appeals are heard by a 3-member NRC Invention Licensing Appeal Board, as designated by the NRC Executive Director for Operations.
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?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
No
Regulations/rules of practice for appeal hearings (please include CFR citations): 
10 CFR 81.51 - 81.53
Other published guidance for appeal hearings (if any): 
N/A
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
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?: 
By Agency
By Private Party
If "Depends on Nature of Case/Claim", please describe: 
Appeals reviewed under Subparts C, G, J, & L: Commission may permit oral argument at its discretion. (See, e.g. 2.343) Appeals reviewed under Subpart N: Oral argument before Commission not expressly provided in regulatory provision governing appeals. (10 CFR 2.1407)
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 (Some Types of Cases)
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are appeal hearings recorded and/or transcribed?: 
No
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: 
NRC's Office of Commission Appellate Adjudication (OCAA) assists the Commission in its appellate review function. Staff within OCAA, according to NRC's website, "analyze issues on appeal, examine legal or procedural options, provide advice to the Commision and drafts of decisions for Commission consideration." (See NRC web site: http://www.nrc.gov/about-nrc/regulatory/adjudicatory/commission-respons.html)
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
If "Other/Varies by Case," please specify: 
The Dep. Exec. Director for Info. Services & Admin. and Chief Info. Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
If "Yes," please specify these time limit(s): 
For issuance of debarment/termination and cost disallowance decisions, the President (or designee) shall generally issue a written decision within 30 days of request for review. (45 CFR 1606.10(d)). For suspensions, the President shall issue a written decision within 15 days of the receipt for the appeal. (45 CFR 1623.4(h)(3)).
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
Cases involving civil penalties, program fraud civil remedies, and Indian housing hearings all have a right to Judicial Review while others involving suspension and debarment as well as salary offset cases do not have a right to Judicial Review.
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
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?: 
No
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
Comments/Notes on Appellate Adjudicators (Optional): 
NRC regulations do not specify the members of the NRC Invention Licensing Appeal Board, other than to note they are designated by the NRC Executive Director for Operations. The regulations do not specify any selection criteria. (See 10 CFR 81.52(a))
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
If "Varies by Case," please describe:: 
Subpart J Proceedings: No limitations on ADR availability. The Commission or ALJ may order parties to appear before a settlement judge, or the parties may, upon motion, seek consent to use other ADR processes under their own proposed ADR proposal. If the latter is approved, such ADR efforts "will be voluntary procedures that supplement rather than limit other available dispute resolution techniques." (18 CFR 385.604(a))
If "Other," please specify:: 
For Subpart J proceedings, ADR methods may include, in addition to mediation, settlement conferences, and arbitration, such methods as: conciliation, facilitation, factfinding, minitrials, or any combination of these methods. (18 CFR 385.604)
Regulations/rules of practice governing ADR process (please include CFR citations): 
18 CFR pt. 385, subpt. F
Verified by Agency: 
Not verified