C.F.R. » Title 10 » CHAPTER I—NUCLEAR REGULATORY COMMISSION › PART 10—CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO RESTRICTED DATA OR NATIONAL SECURITY INFORMATION OR AN EMPLOYMENT CLEARANCE › Subpart C—Procedures

10 C.F.R. § 10.30

New evidence

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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. If the Hearing Examiner or the Director, respectively, deem it material and appropriate, the record may be reopened to accept the evidence either by stipulation, with the agreement of the Hearing Counsel, or in a reconvened hearing.

[47 FR 38676, Sept. 2, 1982, as amended at 52 FR 31610, Aug. 21, 1987; 54 FR 53316, Dec. 28, 1989]
Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Tummino v. Von Eschenbach Ex Rel. Food & Drug Admin., 427 F. Supp. 2d 212 (E.D.N.Y 2006).
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Tummino v. Von Eschenbach Ex Rel. Food & Drug Admin., 427 F. Supp. 2d 212 (E.D.N.Y 2006). · cites it 4× “Federal regulations require that the Commissioner, upon receipt of a citizen petition, respond to such petition within 180 days by either approving it, 10 C.F.R. § 10.30 (e)(2)(i), denying it, 10 C.”
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