---
kind: "section"
citation: "15 C.F.R. § 960.18"
title: "15"
number: "960.18"
heading: "Grounds for adjudication by the Secretary."
url: "https://uscodex.org/cfr/15/960.18"
---

# §960.18. Grounds for adjudication by the Secretary.

- (a) In accordance with the procedures in this subpart, a person may appeal the following adverse actions for adjudication by the Secretary:
  - (1) The denial of a license;
  - (2) The categorization of a system in a tier;
  - (3) The failure to make a final determination on a license grant or denial or a licensee's modification request within the timelines provided in this part;
  - (4) The imposition of a license condition;
  - (5) The denial of a licensee-requested license modification; and
  - (6) The replacement of an existing license with a license granted under [§ 960.3(a)(1)](/cfr/15/960.3.md?p=a-1) or termination of an existing license under [§ 960.3(a)(2)](/cfr/15/960.3.md?p=a-2).
- (b) **The only acceptable grounds for appeal of the actions in paragraph (a) of this section are as follows—**
  - (1) The Secretary's action was arbitrary, capricious, or contrary to law; or
  - (2) **The action was based on a clear factual error.**
- (c) No appeal is allowed to the extent that there is involved the conduct of military or foreign affairs functions.

## Notes

### Authority

Authority: 51 U.S.C. 60124.

### Source

Source: 85 FR 30806, May 20, 2020, unless otherwise noted.