terms of the authorization; or for violation of, or failure to observe, any of the terms and provisions of the Act, regulations, authorization or order of the Commission.

§ 115.71 Retaking possession of special nuclear material. Upon revocation of an authorization, the Commission may immediately retake possession of all special nuclear material possessed by the holder of the authorization.

APPLICABILITY OF OTHER REGULATIONS

$115.80 Applicability of other regulations. (a) The provisions of Subparts A, B, G, and H of Part 2 of this chapter shall apply to authorizations and applications for authorizations, and to proceedings with respect thereto, to the same extent as if such applications were applications for licenses or construction permits under Part 50 of this chapter; and to the same extent as if such authorizations were licenses or construction permits under Part 50.

(b) Each holder of an authorization shall comply with the provisions of Part 20 of this chapter to the same extent as if such authorization were a license or construction permit issued under Part 50 of this chapter.

(c) No individual shall manipulate the controls of any facility authorized pursuant to this part without a valid operator's license issued pursuant to Part 55 of this chapter.

ENFORCEMENT

§ 115.90 Violations. An injunction or other court order may be obtained prohibiting any violation of any provision of the Act or any regulation or order issued thereunder. Any person who willfully vio lates any provision of the Aet or any regulation or order issued thereunder may be guilty of a crime and, upon conviction, may be punished by fine or imprisonment or both, as provided by law.

(b) "Person" includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than agencies. "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any agency proceeding; but nothing herein shall be construed to prevent an agency from admittting any person or agency as a party for limited purposes.

RULE AND RULE MAKING

(c) "Rule" means the whole or any part of any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of any agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reoganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing upon any of the foregoing. "Rule making" means agency process for the formulation, amendment, or repeal of a rule.

ORDER AND ADJUDICATION

(d) "Order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency in any matter other than rule making but including licensing. "Adjudication" means agency process for the formulation of an

order.

LICENSE AND LICENSING

(e) "License" includes the whole or part of any agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission. "Licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation amendment, modification, or conditioning of a license.

SANCTION AND RELIEF

(f) "Sanction" includes the whole or part of any agency (1) prohibition, requirement, limitation, or other condition affecting the freedom of any person; (2) withholding of relief; (3) imposition of any form of penalty or fine; (4) destruction, taking, seizure, or withholding of property; (5) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (6) requirement, revocation, or suspension of a license; or (7) taking of other compulsory or restrictive action. "Relief" includes the whole or part of any agency (1) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (2) recognition of any claim, right, immunity, privilege, exemption, or exception; or (3) taking of any other action upon the application or petition of, and beneficial to, any person.

AGENCY PROCEEDING AND ACTION

(g) "Agency proceeding" means any agency process as defined in subsections (c), (d), and (e) of this section. "Agency action" includes the whole or part of every agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.

In every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved (1) any matter subject to a subsequent trial of the law and the facts de novo in any court; (2) the selection or tenure of an officer or employee of the United States other than examiners appointed pursuant to section 1010 of this title; (3) procedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military, naval, or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; and (6) the certification of employee representatives

NOTICE OF HEARING AND ISSUES

(a) Persons entitled to notice of an agency hearing shall be timely informed of (1) the time, place, and nature thereof; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. In instances in which private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the times and places for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.

PROCEDURE

(b) The agency shall afford all interested parties opportunity for (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment where time, the nature of the proceeding, and the public interest permit, and (2) to the extent that the parties are unable so to determine any controversy by con

sent, hearing, and decision upon notice and in conformity with sections 1006 and 1007 of this title.

AUTHORITY AND FUNCTIONS OF OFFICERS AND EMPLOYEES

(c) The same officers who preside at the reception of evidence pursuant to section 1006 of this title shall make the recommended decision or initial decision required by section 1007 of this title except where such officers become unavailable to the agency. Save to the extent required for the disposition of ex parte matters as authorized by law, no such officer shall consult any person or party on any fact in issue unless upon notice and opportunity for all parties to participate; nor shall such officer be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency. No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 1007 of this title except as witness or counsel in public proceedings. This subsection shall not apply in determining applications for initial licenses or to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; nor shall it be applicable in any manner to the agency or any member or members of the body comprising the agency.

APPENDIX 5

This appendix contains a study prepared by the AEC entitled "The Regulatory Program of the Atomic Energy Commission." The study provides important background material on the AEC regulatory process and is reproduced here in its entirety.

Also reproduced in its entirety is a supplementary document prepared by the AEC and entitled "A Report on the Regulatory Program of the Atomic Energy Commission.' This report was submitted to the Joint Committee on Atomic Energy in February 1961 to be read in connection with the volume entitled "The Regulatory Program of the Atomic Energy Commission." It contains recommendations for improving the existing regulatory organization and procedures.

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