Appeal

DOE-STD-1083-95

10 CFR Part 820.65 does not apply to nuclear safety rules which contain provisions for phased-in

compliance through either a future schedule or an implementation plan. The implementation plan

referred to in the rule includes plans and programs such as the Radiation Protection Program

specified in 10 CFR Part 835 which will contain schedules for achieving compliance with the rule.

Consequently, the provisions of 10 CFR Part 820.65 will not apply to the majority of the rules.

Paragraph 10 CFR Part 820.65 does not address the inclusion of exemption requests in

implementation plans. That issue is discussed in DOE Standard 1082-94, "Preparation, Review,

and Approval of Implementation Plans."

5. APPEAL

5.1 Appeal by the Contractor. 10 CFR Part 820.66, "Appeal," specifies that within fifteen

(15) working days of filing an exemption decision by the Secretarial Officer, the person requesting

the exemption (contractor) may file a Request to Review with the Secretary, or the Secretary may

file a Notice of Review. The Request to Review shall specifically state why the exemption

determination is claimed to be erroneous, the grounds of the request, and the relief requested.

5.2 Notice of Review. If the contractor submits a Request to Review to the Secretary, the

Secretary will determine if a review of the decision is to be conducted. If a review is to be

performed, the Secretary will issue a Notice of Review. The Secretary may accept the decision of

the Secretarial Officer who approved or rejected the exemption request, change the decision, or

modify the decision by issuing a Final Order.