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8 531.6 Hearings.

(a) Hearings, whether upon the Commission's own motion or upon request of claimant, shall be held upon not less than fifteen days' notice of the time and place thereof.

(b) Such hearings shall be open to the public unless otherwise requested by claimant and ordered by the Commission.

(c) Such hearings shall be conducted by the Commission, its designee or designees. Oral testimony and documentary evidence, including depositions that may have been taken as provided by statute and the rules of practices, may be offered in evidence on the claimant's behalf or by counsel for the Commission designated by it to represent the public interest opposed to the allowance of any unjust or unfounded claim or portion thereof; and either may cross-examine as to evidence offered through witnesses on behalf of the other. Objections to the

admission of any such evidence shall be ruled upon by the presiding officer.

(d) The claimant shall be the moving party, and shall have the burden of proof on all issues involved in the determination of his or her claim.

(e) Hearings may be stenographically reported either at the request of the claimant or upon the discretion of the Commission. A claimant making such a request shall notify the Commission at least ten (10) days prior to the hearing date. When a stenographic record of a hearing is ordered at the claimant's request, the cost of such reporting and transcription may be charged to the claimant.

8 531.7 Presettlement conference.

The Commission on its own motion or initiative, or upon the application of a claimant for good cause shown, may direct that a presettlement conference be held with respect to any issue involved in a claim.



Part 601






Page Classification and declassification of national security information ......

41 Uniform administrative requirements for grants

and cooperative agreements to state and local
governments .........

43 Nondiscrimination on the basis of handicap in

programs and activities receiving or benefiting
from Federal financial assistance

71 Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by
the national science foundation ...............

87 Procedures and criteria for resolving questions in

volving moral character or loyalty of applicants
for and holders of National Science Foundation

93 Nondiscrimination in federally-assisted programs

of the National Science Foundation-effectua

tion of Title VI of the Civil Rights Act of 1964.... 95 Availability of records and information.....

106 Privacy Act regulations ........

116 Government in the Sunshine Act regulations of the National Science Board..

119 Nondiscrimination on the basis of age in programs

or activities receiving Federal financial assist-
ance from NSF.............

122 Governmentwide debarment and suspension (non

procurement) and governmentwide require-
ments for drug-free workplace (grants) .....

126 Fellowship Review Panel .............

142 Compliance with the National Environmental Policy Act

144 Patents ...............

148 Intergovernmental review of the National Science Foundation programs and activities ..........

158 Conservation of Antarctic animals and plants......... 161

612 613 614



630 640

650 660


Part 680






NSF conflict-of-interests rules and standards of

conduct: Introduction and general provisions .....
Conflicts or potential conflicts in handling pro-

posals and awards..............
Representational restrictions and involvement

with proposals and projects during and after

NSF service............
Other conflicts rules ...
Rules for consultants, board members, and other

"special employees"
Misconduct in science and engineering research....

201 210

683 684

216 223


PART 601-CLASSIFICATION AND concerned with classified information


(b) Encouraging Foundation person

nel to challenge those classification Sec.

decisions they believe to be improper. 601.1 Purpose.

(c) Issuing directives that ensure 601.2 Classification authority.

classified information is used, proc601.3 Security program.

essed, stored, reproduced and trans601.4 Classification Review Committee. mitted only under conditions that will 601.5 Derivative classification.

provide adequate protection and pre601.6 Downgrading and declassification.

vent access by unauthorized persons. 601.7 Mandatory declassification review. 601.8 Access to classified materials.

(d) Recommending to the Director 601.9 Access by historical researchers and

appropriate administrative action to former Presidential appointees.

correct abuse or violation of any provi

sion of these regulations, including noAUTHORITY: E.O. 12356, 43 FR 14874, Apr.

tification by warning letters, formal 2, 1982.

reprimand, and to the extent permitSOURCE: 47 FR 57284, Dec. 23, 1983, unless

ted by law, suspension without pay otherwise noted.

and removal. 8 601.1 Purpose.

8 601.4 Classification Review Committee. Pursuant to Executive Order 12356 and Information Security Oversight

The Security Officer (Information) Office Directive No. 1, the National

chairs the Foundation's Classification Science Foundation (Foundation] Review Committee which has authorissues the following regulations. The ity to act on all suggestions and comregulations identify the information to plaints with respect to the Foundabe protected, prescribe classification, tion's administration of the reguladeclassification, downgrading, and tions. The Assistant Directors and the safeguarding procedures to be fol Heads of other offices reporting to the lowed, and establish a monitoring Director serve as members of the Comsystem to ensure the regulations' ef mittee. All suggestions and complaints fectiveness.

including those regarding overclassifi

cation, failure to classify, or delay in 8 601.2 Classification authority.

declassifying not otherwise resolved, The Foundation does not have origi shall be referred to the Committee for nal classification authority under Ex resolution. The Committee shall estabecutive Order 12356. In any instance lish procedures to review and act where a Foundation employee devel within 30 days upon all appeals reops information that appears to war

garding requests for declassification. rant classification because of its na

The Committee is authorized to overtional security character, the material

rule previous determinations in whole will be afforded protection and sent to

or in part when in its judgment, conthe Division of Administrative Serv

tinued protection is no longer reices (DAS). Upon determination that

quired. If the Committee determines classification is warranted, DAS will submit such material to the agency

that continued classification is rethat has appropriate subject matter

quired under the criteria of the Execuinterest and classification authority.

tive Order, it shall promptly so notify

the requester and advise him that he 8 601.3 Security program.

may file an application for review with The Director, Division of Adminis

the Foundation. In addition, the Comtrative Services, is responsible for con

mittee shall review all appeals of reducting a security program that en

quests for records under section 552 of sures effective implementation of Ex

Title 5 U.S.C. (Freedom of Informaecutive Order 12356, to include:

tion Act) when the proposed denial is (a) Maintaining active training and

based on their continued classification orientation programs for employees

under Executive Order 12356.

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