§ 27.310 - Commencement of adjudication proceedings.

§ 27.310 Commencement of adjudication proceedings.

(a) Proceedings instituted by facilities or other persons. A facility or other person may institute proceedings to review a determination by the Executive Assistant SecretaryDirector:

(1) Finding, pursuant to the § 27.230(a)(12)(iv), that an individual is a potential security threat;

(2) Disapproving a Site Security Plan pursuant to § 27.245(b); or

(3) Issuing an Order pursuant to § 27.300(a) or (b).

(b) Procedure for applications by facilities or other persons. A facility or other person may institute Proceedings by filing a Notice of Application for Review specifying that the facility or other person requests a Proceeding to review a determination specified in paragraph (a) of this section.

(1) An Applicant institutes a Proceeding by filing a Notice of Application for Review with the office of the Department hereinafter designated by the Secretary.

(2) An Applicant must file a Notice of Application for Review within seven calendar days of notification to the facility or other person of the Executive Assistant SecretaryDirector's Finding, Determination, or Order.

(3) The Applicant shall file and simultaneously serve each Notice of Application for Review and all subsequent filings on the Executive Assistant Secretary Director and the General Office of the Chief Counsel.

(4) An Order is stayed from the timely filing of a Notice of Application for Review until the Presiding Officer issues an Initial Decision, unless the Secretary has lifted the stay due to exigent circumstances pursuant to paragraph (d) of this section.

(5) The Applicant shall file and serve an Application for Review within fourteen 14 calendar days of the notification to the facility or other person of the Executive Assistant SecretaryDirector's Finding, Determination, or Order.

(6) Each Application for Review shall be accompanied by all legal memoranda, other documents, declarations, affidavits, and other evidence supporting the position asserted by the Applicant.

(c) Response. The Executive Assistant SecretaryDirector, through the Office of General the Chief Counsel, shall file and serve a Response, accompanied by all legal memoranda, other documents, declarations, affidavits, and other evidence supporting the position asserted by the Executive Assistant Secretary Director within fourteen 14 calendar days of the filing and service of the Application for Review and all supporting papers.

(d) Procedural modifications. The Secretary may, in exigent circumstances (as determined in his or her sole discretion):

(1) Lift any stay applicable to any Order under § 27.300;

(2) Modify the time for a response;

(3) Rule on the sufficiency of Applications for Review; or

(4) Otherwise modify these procedures with respect to particular matters.

[72 FR 17729, Apr. 9, 2007, as amended at 86 FR 41892, Aug. 4, 2021]