Scheme Nickname: 
Classified Information - Denial and Revocation of Access

Informal proceeding involving reviews of denials and revocations of eligibility to access classified information in the DOJ. Applicants and employees who are determined to not meet the standards for classified information access are provided with a written explanation of the denial and may request a review of the determination. Upon notification of the result of the review, the applicant or employee may request a hearing with the Access Review Committee, established under 28 CFR 17.5. In these proceedings the agency is represented by the Department Security Officer, an officer appointed by the Assistant Attorney General for Administration to oversee the classified information program.

The Access Review Committee was named as the hearing office and placed within the Justice Management Division ("JMD") because the Committee is designated by the regulations as the panel that presides over the proceedings. It appears to be within the purview of JMD because the Assistant Attorney General for Administration is given overall control over the classified information program and the AAG for Administration is the head of the JMD.

NOTE: Technically there are two stages to the frontline decision, an initial decision and a review. The review has been included in the frontline decision stage due to its characterization as essentially just a review of the original decision without the opportunity to introduce evidence or make arguments (other than a written reply by the applicant). Therefore, the hearing level is the appeal of this decision to the Access Review Committee at which point the applicant may present evidence and make arguments in writing or in person.

Comments/Notes on Adjudication Structure: 
The ARC shall consist of the Deputy Attorney General or a designee, the Assistant Attorney General for National Security or a designee, and the Assistant Attorney General for Administration or a designee. Designations must be approved by the Attorney General. 28 CFR 17.15(b).
Types of Adjudication: 
Type B
Verified by Agency: 
Not verified
Is this a Major Adjudication: