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. CHAPTER VI-NATIONAL SCIENCE FOUNDATION Part 601 602 605 606 610 611 Page Classification and declassification of national security information ...... 41 Uniform administrative requirements for grants and cooperative agreements to state and local 43 Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting 71 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by 87 Procedures and criteria for resolving questions in volving moral character or loyalty of applicants 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- 122 Governmentwide debarment and suspension (non procurement) and governmentwide require- 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......... 161 612 613 614 617 620 630 640 650 660 670 Part 680 Page 184 681 191 682 NSF conflict-of-interests rules and standards of conduct: Introduction and general provisions ..... posals and awards.............. with proposals and projects during and after NSF service............ "special employees" 201 210 683 684 216 223 689 PART 601-CLASSIFICATION AND concerned with classified information DECLASSIFICATION OF NATIONAL or material. (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. |