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Timely manner or matter4/5/2023 ![]() ![]() Requests for subpoenas shall be liberally granted except where the Administrative Judge finds that the issuance of subpoenas would result in evidence or testimony that is repetitious, incompetent, irrelevant, or immaterial to the issues in the case. (d ) The Administrative Judge shall have all powers necessary to regulate the conduct of proceedings under this part, including, but not limited to, establishing a list of persons to receive service of papers, issuing subpoenas for witnesses to attend the hearing or for the production of specific documents or physical evidence, administering oaths and affirmations, ruling upon motions, receiving evidence, regulating the course of the hearing, disposing of procedural requests or similar matters, and taking other actions consistent with the regulations in this part. Pending final determination of the individual's eligibility for access authorization from the operation of the procedures set forth in this part, the individual shall not be afforded access to classified matter, special nuclear material, or unescorted access to security areas that require the individual to possess a DOE access authorization. Notification to the individual shall reflect, in general terms, the reason(s) why the suspension has been affected. The appropriate DOE database for tracking access authorizations and related actions shall also be updated. (d ) Upon suspension of an individual's access authorization pursuant to paragraph (c)(1) of this section, the individual, the individual's employer, any other DOE office or program having an access authorization interest in the individual, and, if known, any other government agency where the individual holds an access authorization, security clearance, or access approval, or to which the DOE has certified the individual's DOE access authorization, shall be notified immediately in writing. In this event, any access authorization then in effect may be administratively withdrawn or, for applicants, further processing may be administratively terminated. The individual may elect not to cooperate however, such refusal may prevent DOE from reaching an affirmative finding required for granting or continuing access authorization. This obligation to cooperate applies when completing security forms, during the course of a personnel security background investigation or reinvestigation, and at any stage of DOE's processing of the individual's access authorization request, including but not limited to, personnel security interviews, DOE-sponsored mental health evaluations, and other authorized DOE investigative activities under this part. (1 ) It is the responsibility of the individual to provide full, frank, and truthful answers to DOE's relevant and material questions, and when requested, to furnish or authorize others to furnish information that the DOE deems pertinent to the individual's eligibility for access authorization. Security Executive Agent Directive 4, National Security Adjudicative Guidelines (June 8, 2017) Procedures for Determining Eligibility for Access to Classified Matter and Special Nuclear MaterialĮligibility for Access to Classified Matter or Special Nuclear MaterialĪpplication of the National Security Adjudicative Guidelines.Īppointment of Administrative Judge prehearing conference commencement of hearings.Īction on the Administrative Judge's decision.
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