Regulations last checked for updates: Oct 18, 2024

Title 10 - Energy last revised: Oct 10, 2024
§ 708.33 - Procedure for appeals.

(a) 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.

(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.

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; and 5 U.S.C. Appendix 3
source: 84 FR 37757, Aug. 2, 2019, unless otherwise noted.
cite as: 10 CFR 708.33