---
kind: "section"
citation: "10 C.F.R. § 490.607"
title: "10"
number: "490.607"
heading: "Appeals."
url: "https://uscodex.org/cfr/10/490.607"
---

# §490.607. Appeals.

- (a) In order to exhaust administrative remedies, on or before 30 days from the date of issuance of a proposed assessment and order to pay, a person must appeal a proposed assessment and order to the Office of Hearings and Appeals, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585.
- (b) Proceedings in the Office of Hearings and Appeals shall be subject to [subpart F](/cfr/10/subpartF.md) of [10 CFR part 1003](/cfr/10/part1003.md) except that—
  - (1) Appellant shall have the ultimate burden of persuasion;
  - (2) Appellant shall have right to a trial-type hearing on contested issues of fact only if the hearing officer concludes that cross examination will materially assist in determining facts in addition to evidence available in documentary form; and
  - (3) The Office of Hearings and Appeals may issue such orders as it may deem appropriate on all other procedural matters.
- (c) The determination of the Office of Hearings and Appeals shall be final for DOE.

## Notes

### Authority

Authority: 42 U.S.C. 7191 et seq.; 42 U.S.C. 13201, 13211, 13220, 13251 et seq; 28 U.S.C. 2461 note.

### Source

Source: 61 FR 10653, Mar. 14, 1996, unless otherwise noted.