10 CFR 1003.11 – Filing a petition
(a) Who may file. Any person may file a petition under this part who is aggrieved by a final disposition of DOE or who is so authorized by a program, statute, rule, regulation, guidance, or DOE delegation of authority.
Terms Used In 10 CFR 1003.11
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(b) Form of petition. The person seeking relief under this part must file a petition. The general filing requirements in § 1003.7 apply in addition to the requirements stated in this part.
(c) Elements of a petition. Petitions to the OHA must include, as applicable:
(1) A full and complete statement of all relief requested from the OHA;
(2) A citation to the statute, regulation, delegation, or other authority pursuant to which the OHA has jurisdiction to consider the petition;
(3) A full and complete statement of all relevant facts pertaining to the action that is the subject of the petition and to the OHA relief sought;
(4) A statement of the factual and legal justification for the relief requested in the petition;
(5) A copy of all documents, including, but not limited to, contracts, financial records, communications, plans, analyses, and diagrams related to the petitioner’s eligibility for the relief requested in the petition; and,
(6) A motion for stay, if a stay is sought by the petitioner. The OHA may grant a motion for stay filed after the petition only upon a showing of good cause.
(d) Service certification. The petitioner must submit to the OHA a certification that the petitioner has served the notice required pursuant to § 1003.12 of this part. The OHA must receive the certification within 15 days of the date on which the OHA received the petition. The OHA may grant an extension of time only upon a showing of good cause. The certification must include the names, addresses, telephone numbers, and email addresses of all potentially aggrieved persons or a statement that such information, in whole or in part, is not reasonably ascertainable.
(e) Where to file. A petition must be filed with the OHA in the manner specified in § 1003.9.