Office of Hearings and Appeals (Department of Energy)

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Office of Hearings and Appeals (Department of Energy)
Type: Administrative and Support Agency
Parent organization: Department of Energy
Top organization: Department of Energy
Employees:
Executive: Director
Budget: $6.6 million (FY 2024)
Address: 1000 Independence Ave SW, Washington, DC 20585
Website: https://www.energy.gov/oha/office-hearings-and-appeals
Creation Legislation:
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Office of Hearings and Appeals (Department of Energy)

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Mission
To conduct fair and efficient hearings and issue decisions for the Department of Energy on delegated adjudicative matters. It supports alternative dispute resolution to address conflicts within DOE’s operations.
Services

Adjudicative Hearings; FOIA Appeals; Whistleblower Protections; Security Clearance Reviews

Regulations

10 CFR Parts 205, 708, 710, 1003, 1004


Office of Hearings and Appeals (OHA) is the quasi-judicial arm of the Department of Energy (DOE), responsible for conducting hearings and issuing initial decisions on a wide range of legal and administrative matters, including personnel security clearances, whistleblower cases, and Freedom of Information Act appeals.

Official Site

Mission

The Office of Hearings and Appeals strives to deliver impartial and timely adjudicative services for DOE by resolving disputes through hearings, issuing decisions on matters like security clearances and whistleblower protections, and handling appeals under FOIA and Privacy Act regulations. It also promotes alternative dispute resolution to efficiently address conflicts, ensuring fairness and supporting DOE’s operational integrity.[1]

Parent organization

The Office of Hearings and Appeals operates directly under the Department of Energy, functioning as an independent entity within DOE to provide unbiased adjudication and dispute resolution services.[2]

Legislation

The Office of Hearings and Appeals was not created by specific legislation but evolved from DOE’s organizational structure, with its functions formalized under the Department of Energy Organization Act of 1977, which established DOE and its adjudicative needs.[3]

Partners

  • DOE program offices for case referrals
  • National Nuclear Security Administration for FOIA appeals[4]
  • External legal entities for dispute resolution support

Number of employees

The exact number of employees in OHA is not publicly specified, though it includes over 15 attorneys and staff within DOE’s broader workforce.[5]

Organization structure

OHA is structured to handle DOE’s diverse adjudicative responsibilities:

Leader

The Office of Hearings and Appeals is headed by a Director.[6]

Divisions

The divisions include:

  • Personnel Security Hearings Division for clearance adjudications.[7]
  • Whistleblower Hearings Division for contractor employee cases.
  • FOIA and Privacy Act Appeals Division for information appeals.

List of programs

  • Personnel Security Hearings[8]
  • Whistleblower Hearings and Appeals[9]
  • FOIA and Privacy Act Appeals[10]

Last total enacted budget

The last enacted budget for OHA was $6.6 million for FY 2024, as part of DOE’s funding allocations.[11]

Staff

OHA employs over 15 dedicated attorneys and support staff specializing in adjudication, dispute resolution, and legal analysis, though exact numbers are not isolated from DOE’s total workforce.[12]

Funding

OHA’s funding, including its FY 2024 budget of $6.6 million, comes from DOE’s annual Congressional appropriations, supporting its operations since its integration into DOE’s structure in 1977.[13]

Services provided

The Office of Hearings and Appeals conducts hearings for personnel security clearances and whistleblower cases, processes FOIA and Privacy Act appeals, decides applications for regulatory exceptions, and supports alternative dispute resolution to resolve DOE-related conflicts efficiently.[14]

Regulations overseen

OHA oversees key federal regulations including 10 CFR Part 710 (Personnel Security), 10 CFR Part 708 (Contractor Employee Protections), 10 CFR Part 1004 (FOIA), and 10 CFR Part 205 (Administrative Procedures), ensuring compliance across DOE adjudicative processes.[15]

Headquarters address

1000 Independence Ave SW, Washington, DC 20585

History

The Office of Hearings and Appeals evolved within DOE following the Department of Energy Organization Act of 1977, which established DOE and necessitated a quasi-judicial entity to handle adjudicative functions, formalizing its role over time to address growing legal and administrative demands.[16]

External links

References

  1. "About OHA". Department of Energy. https://www.energy.gov/oha/about-office-hearings-and-appeals. 
  2. "About OHA". Department of Energy. https://www.energy.gov/oha/about-office-hearings-and-appeals. 
  3. "About OHA". Department of Energy. https://www.energy.gov/oha/about-office-hearings-and-appeals. 
  4. "OHA Services". Department of Energy. https://www.energy.gov/oha/services. 
  5. "About OHA". Department of Energy. https://www.energy.gov/oha/about-office-hearings-and-appeals. 
  6. "About OHA". Department of Energy. https://www.energy.gov/oha/about-office-hearings-and-appeals. 
  7. "OHA Services". Department of Energy. https://www.energy.gov/oha/services. 
  8. "Personnel Security Hearings". Department of Energy. https://www.energy.gov/oha/personnel-security-hearings. 
  9. "Whistleblower Hearings". Department of Energy. https://www.energy.gov/oha/whistleblower-hearings-and-appeals. 
  10. "FOIA & Privacy Act Appeals". Department of Energy. https://www.energy.gov/oha/foia-privacy-act-appeal-information. 
  11. "FY 2024 Budget". Department of Energy. https://www.energy.gov/sites/default/files/2023-03/doe-fy-2024-budget-volume-1-v4.pdf. 
  12. "About OHA". Department of Energy. https://www.energy.gov/oha/about-office-hearings-and-appeals. 
  13. "FY 2024 Budget". Department of Energy. https://www.energy.gov/sites/default/files/2023-03/doe-fy-2024-budget-volume-1-v4.pdf. 
  14. "OHA Services". Department of Energy. https://www.energy.gov/oha/services. 
  15. "OHA Services". Department of Energy. https://www.energy.gov/oha/services. 
  16. "About OHA". Department of Energy. https://www.energy.gov/oha/about-office-hearings-and-appeals.