§708.33. Procedure for appeals.
10 C.F.R. § 708.33
By the 15th day after filing a notice of appeal under § 708.32, the appellant must file a statement identifying the issues that it wishes the OHA Director to review. A copy of the statement must be served on the other parties, who may file a response by the 20th day after receipt of the statement. Any response must also be served on the other parties.
In considering the appeal, the OHA Director—
Will possess all powers necessary to adjudicate the appeal.
Will review findings of fact for clear error and conclusions of law de novo; and
Will close the record on appeal after receiving the last submission permitted under this section.
Notes, amendments, and revision history
Authority
Authority: 42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42 U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5 U.S.C. Appendix 3.
Source
Source: 84 FR 37757, Aug. 2, 2019, unless otherwise noted.