Other Fields
Agency Scheme: 
NRCODATA0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Administration
Name of Hearing Office (global name): 
Nuclear Regulatory Commission: Office of Administration
Sub-Agency/Bureau/Division:: 
Office of the Deputy Exec. Director for Corporate Mgmt.
Hearing Officer #1 (Title): 
Hearing Examiner
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Informal adjudication scheme governing the review of adverse decisions by NRC 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
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
10 CFR 10.24 - 10.30
Other published guidance for hearings (if any): 
Federal Claims Collection Standards (31 CFR Parts 900 - 904)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
10 CFR 10.22(d) details the individual's right to request documents, records and reports which form the basis for the question of their eligibility. The individual may also request the entire investigative file to the extent permitted by national security interests and other applicable law.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Private Party
Please describe: 
Oral hearings are conducted if requested by the individual seeking review of the adverse NRC determination. (10 CFR 10.22(e), 10.23)
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
Presiding officer may be either an ALJ, or one or more Commission members sitting as ALJs. (16 CFR 3.42)
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
PFCRA & Civil Rights Cases: Witness testimony is permitted. Debt Collection Cases: Regulations imply, though do not expressly state, that witness testimony is permitted at oral hearings. Not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
PFCRA & Civil Rights Cases: Cross-examination of witnesses permitted. Debt Collection Cases: Regulations imply, though do not expressly state, that cross-examination of witnesses is permitted at oral hearings. Not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
If "Yes," please specify these time limit(s): 
Debt Collection: Not later than 60 days after the hearing. (10 CFR 16.11(a)). PFCRA Cases: 90 days after the submission of post-hearing briefs. (10 CFR 13.37(c)). Civil Rights Cases: No time limit provided.
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
No
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
10 CFR 10.29(a) - "The Hearing Examiner's findings and recommendation shall be based upon the entire record consisting of the transcript of the hearing, the documentary and other evidence adduced therein, and the letter of notification and answer."
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
10 CFR 10.30 - "After the close of the hearing, in the event the individual discovers new evidence not previously available or known to him or her, the individual may petition the Hearing Examiner if the Hearing Examiner's recommendation has not yet been issued, or thereafter, the Director, Office of Administration, to reopen the record to receive that evidence."
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
With respect to transcripts, regulations applicable to for civil rights cases (Parts 4 & 5) and PFCRA cases (Part 13) provide for transcription of oral hearings. In debt collection cases (Part3 15 & 16), transcripts are not mandated; however, the regulations do note as follows: "an oral hearing under this section is not required to be a formal evidentiary hearing, although the agency should carefully document all significant matters discussed at the hearing." (10 CFR 15.33(f)(2); 31 CFR 901.3(e)(2)).
ADJUDICATORS
Total # of Hearing Officers: 
1
Comments/Notes on Hearing-Level Adjudicators (Optional): 
With respect to "Hearing Examiners," applicable NRC regulations state that "[t]he appointment of a Hearing Examiner . . . shall be from a list of qualified attorneys possessing the highest degree of integrity, ability, and good judgment," and lists various criteria for their eligibility. (10 CFR 10.26)
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
Is ADR a mandatory or voluntary process?: 
Varies by Case
If "Varies by Case," please describe:: 
Only Age Discrimination Act cases provide for mediation. Applicable regulations provide that NRC "will refer" complaints to a mediation agency designated by HHS, and that both the complainant and the recipient "shall participate." (10 CFR 4.333(a)-(b))
What type(s) of ADR are available?: 
Mediation
Who conducts the ADR?: 
Other
If "Other," please specify:: 
Mediation is conducted for Age Discrimination Act complaints by "a mediation agency designated by the Secretary of [HHS]." (10 CFR 4.333(a))
Regulations/rules of practice governing ADR process (please include CFR citations): 
Age Discrimination Act complaints only - 10 CFR 4.333(a)
Verified by Agency: 
Not verified