10 CFR § 708.33 - Procedure for appeals.

---
identifier: "/us/cfr/t10/s708.33"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 708.33 - Procedure for appeals."
title_number: 10
title_name: "Energy"
section_number: "708.33"
section_name: "Procedure for appeals."
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "708"
part_name: "DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "84 FR 37757, Aug. 2, 2019, unless otherwise noted."
cfr_part: "708"
---


# 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.