§ 960.18. Grounds for adjudication by the Secretary.
163 words·~1 min read·
/us/cfr/t15/s§ 960.18·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In accordance with the procedures in this subpart, a person may appeal the following adverse actions for adjudication by the Secretary:
(1)The denial of a license;
(2)The categorization of a system in a tier;
(3)The failure to make a final determination on a license grant or denial or a licensee's modification request within the timelines provided in this part;
(4)The imposition of a license condition;
(5)The denial of a licensee-requested license modification; and
(6)The replacement of an existing license with a license granted under § 960.3(a)(1) or termination of an existing license under § 960.3(a)(2).
(b)The only acceptable grounds for appeal of the actions in paragraph
(a)of this section are as follows:
(1)The Secretary's action was arbitrary, capricious, or contrary to law; or
(2)The action was based on a clear factual error.
(c)No appeal is allowed to the extent that there is involved the conduct of military or foreign affairs functions.