10 C.F.R. § 712.19 Removal from HRP.
Title 10 - Energy
(a) Immediate removal. A supervisor who has a reasonable belief that an HRP-certified individual is not reliable, based on either a safety or security concern, must immediately remove that individual from HRP duties pending a determination of the individual's reliability. A supervisor also must immediately remove an individual from HRP duties when requested to do so by the HRP certifying official. The supervisor must, at a minimum: (1) Require the individual to stop performing HRP duties; (2) Take action to ensure the individual is denied both escorted and unescorted access to the material access areas; and (3) Provide, within 24 hours, to the individual and the HRP management official, a written reason for these actions. (b) The temporary removal of an HRP-certified individual from HRP duties pending a determination of the individual's reliability is an interim, precautionary action and does not constitute a determination that the individual is not fit to perform his or her required duties. Removal is not, in itself, cause for loss of pay, benefits, or other changes in employment status. (c) Temporary removal. (1) If an HRP management official receives a supervisor's written notice of the immediate removal of an HRP-certified individual, that official must direct the temporary removal of the individual pending an evaluation and determination of the individual's reliability. (2) If removal is based on a security concern, the HRP management official must notify the HRP certifying official and the applicable DOE personnel security office. The security concern will be resolved under the criteria and procedures in 10 CFR part 710, subpart A. (3) If removal is based on a concern that is not security related, the HRP management official must conduct an evaluation of the circumstances or information that led the supervisor to remove the individual from HRP duties. The HRP management official must prepare a written report of the evaluation that includes a determination of the individual's reliability for continuing HRP certification. (4) If the HRP management official determines that an individual who has been temporarily removed continues to meet the requirements for certification, the HRP management official must: (i) Notify the individual's supervisor of the determination and direct that the individual be allowed to return to HRP duties; (ii) Notify the individual; and (iii) Notify the HRP certifying official. (5) If the HRP management official determines that an individual who has been temporarily removed does not meet the HRP requirements for certification, the HRP management official must forward the written report to the HRP certifying official. If the HRP certifying official is not the Manager, the HRP certifying official must review the written report and take one of the following actions: (i) Direct that the individual be reinstated and provide written explanation of the reasons and factual bases for the action; (ii) Direct continuation of the temporary removal pending completion of specified actions (e.g., medical assessment, treatment) to resolve the concerns about the individual's reliability; or (iii) Recommend to the Manager the revocation of the individual's certification and provide written explanation of the reasons and factual bases for the decision. (d) The Manager, on receiving the HRP management official's written report and the HRP certifying official's recommendation (if any), must take one of the following actions: (1) Direct reinstatement of the individual and provide written explanation of the reasons and factual bases for the action; (2) Direct revocation of the individual's HRP certification; or (3) Direct continuation of the temporary removal pending completion of specified actions (e.g., medical assessment, treatment) to resolve the concerns about the individual's reliability. (e) If the action is revocation, the Manager must provide the individual a copy of the HRP management official's report. The Manager may withhold such a report, or portions thereof, to the extent that he or she determines that the report, or portions thereof, may be exempt from access by the employee under the Privacy Act or the Freedom of Information Act. (f) If an individual is directed by the Manager to take specified actions to resolve HRP concerns, he or she must be reevaluated by the HRP management official and HRP certifying official after those actions have been completed. After considering the HRP management and HRP certifying officials' report and recommendation, the Manager must direct either: (1) Reinstatement of the individual; or (2) Revocation of the individual's HRP certification. (g) Notification of Manager's initial decision. The Manager must send by certified mail (return receipt requested) a written decision, including rationale, to the HRP-certified individual whose certification is revoked. The Manager's decision must be accompanied by notification to the individual, in writing, of the procedures pertaining to reconsideration or a hearing on the Manager's decision.
Title 10: Energy
PART 712—HUMAN RELIABILITY PROGRAM
Subpart A—Establishment of and Procedures for the Human Reliability Program
Procedures
§ 712.19 Removal from HRP.
