---
kind: "section"
citation: "10 C.F.R. § 1003.17"
title: "10"
number: "1003.17"
heading: "Standard of review."
url: "https://uscodex.org/cfr/10/1003.17"
---

# §1003.17. Standard of review.

- (a) The OHA will grant a petition that seeks an adjustment from a DOE rule, regulation or order under the authority of [42 U.S.C. 7194](/usc/42/7194.md) only if it determines that doing so will alleviate or prevent serious hardship, gross inequity or unfair distribution of burdens.
- (b) Except as provided by program, statute, rule, regulation, or DOE delegation of authority, the OHA will grant any other petition filed under this part upon a showing that the DOE acted arbitrarily, capriciously, or in violation of a law, rule, regulation, or delegation with respect to the final disposition of DOE that is the subject of the petition.
- (c) Petitions shall be decided in a manner that is, to the extent possible, consistent with the disposition of previous petitions of the same kind.

## Notes

### Authority

Authority: 15 U.S.C. 761 et seq.; 42 U.S.C. 7101 et seq.

### Source

Source: 84 FR 58008, Oct. 30, 2019, unless otherwise noted.