(a) In the event of the discovery of new evidence relevant to the allegations contained in the notification letter prior to final decision of the individual's eligibility for access authorization, such evidence shall be submitted by the offering party to the Director, Office of Personnel Security, DOE Headquarters. DOE Counsel shall notify the individual of any new evidence submitted by DOE.
(b) The Director, Office of Personnel Security, DOE Headquarters, shall:
(1) Refer the matter to the Administrative Judge appointed in the individual's case if the Administrative Judge has not yet issued a decision. The Administrative Judge receiving the application for the presentation of new evidence shall determine the appropriate form in which any new evidence, and the other party's response, shall be received, e.g., by testimony before the Administrative Judge, by deposition or by affidavit.
(2) In those cases where the Administrative Judge's decision has been issued, the application for presentation of new evidence shall be referred to the Principal Deputy Chief for Mission Support Operations, Office of Health, Safety and Security. In the event that the Principal Deputy Chief for Mission Support Operations, determines that the new evidence shall be received, he shall determine the form in which it, and the other party's response, shall be received.
(c) When new evidence submitted by either party is received into the record, the opposing party shall be afforded the opportunity to cross-examine the source of the new information or to submit a written response, unless the information is subject to the exceptions in Sec. 710.26 (l) or (o). [59 FR 35185, July 8, 1994. Redesignated and amended at 66 FR 47065, 47066, Sept. 11, 2001; 71 FR 68731, Nov. 28, 2006]