---
kind: "section"
citation: "10 C.F.R. § 708.33"
title: "10"
number: "708.33"
heading: "Procedure for appeals."
url: "https://uscodex.org/cfr/10/708.33"
---

# §708.33. Procedure for appeals.

- (a) By the 15th day after filing a notice of appeal under [§ 708.32](/cfr/10/708.32.md), 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.
- (b) **In considering the appeal, the OHA Director—**
  - (1) **Will possess all powers necessary to adjudicate the appeal.**
  - (2) Will review findings of fact for clear error and conclusions of law de novo; and
  - (3) **Will close the record on appeal after receiving the last submission permitted under this section.**

## Notes

### 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.