18 CFR 1302.10 - Decisions and notices.

§ 1302.10 Decisions and notices.

(a)Decision by a member of the TVA Board or a hearing examiner. A member of the TVA Board or a hearing examiner who holds the hearing shall either make an initial decision or certify the entire record, including the Board member's or examiner's recommended findings and proposed decision, to the TVA Board for a final decision. A copy of such initial decision or certification shall be mailed to the recipient. Where the initial decision is made by a member of the TVA Board or a hearing examiner, the recipient may file exceptions to the initial decision, together with a statement of reasons therefor. Such exceptions and statement shall be filed with the TVA Board within 30 days of the date the notice of initial decision was mailed to the recipient. In the absence of exceptions, the TVA Board may on its own motion within 45 days after the initial decision serve on the recipient a notice that the TVA Board will review the decision. Upon the filing of such exceptions or of such notice of review, the TVA Board shall review the initial decision and issue its own decision thereon including the reasons therefor. In the absence of either exceptions or a notice of review, the initial decision shall constitute the final decision of the TVA Board.

(b)Decisions on record or review by the TVA Board. Whenever a record is certified to the TVA Board for decision or it reviews the decision of a member of the TVA Board or a hearing examiner pursuant to paragraph (a) of this section, or whenever the TVA Board conducts the hearing, the recipient shall be given reasonable opportunity to file with the Board briefs or other written statements of its contentions, and a copy of the final decision of the Board shall be given in writing to the recipient and to the complainant, if any.

(c)Decisions on record where a hearing is waived. Whenever a hearing is waived pursuant to § 1302.8(a) a decision shall be made by the TVA Board on the record and a copy of such decision shall be given to the recipient, and to the complainant, if any.

(d)Rulings required. Each decision shall set forth a ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part with which it is found that the recipient has failed to comply.

(e)Approval by TVA Board. Any final decision (other than a decision by the TVA Board) which provides for the suspension or termination of, or the refusal to grant or continue financial assistance, or the imposition of any other sanction available under this regulation or the Act, shall promptly be transmitted to the TVA Board, which may approve such decision, may vacate it, or remit or mitigate any sanction imposed.

(f)Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue financial assistance, in whole or in part, to which this regulation applies, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and this part, including provisions designed to assure that no financial assistance to which this regulation applies will thereafter be extended to the recipient determined by such decision to have failed to comply with this part, unless and until it corrects its noncompliance and satisfies TVA that it will fully comply with this part.

(g)Posttermination proceedings.

(1) A recipient adversely affected by an order issued under paragraph (f) of this section shall be restored to full eligibility to receive Federal financial assistance if it satisfies the terms and conditions of that order for such eligibility or if it brings itself into compliance with this regulation and provides reasonable assurance that it will fully comply with this regulation.

(2) Any recipient or proposed recipient adversely affected by an order entered pursuant to paragraph (f) of this section may at any time request TVA to restore fully the recipient's eligibility to receive Federal financial assistance. Any such request shall be supported by information showing that the recipient has met the requirements of paragraph (g)(1) of this section. If TVA determines that those requirements have been satisfied, TVA shall restore such eligibility.

(3) If TVA denies any such request, the recipient may submit a written request for a hearing specifying why it believes TVA to have been in error. The recipient shall thereupon be given an expeditious hearing, with a decision on the record, in accordance with rules of procedure issued by TVA. The recipient will be restored to such eligibility if the recipient proves at such a hearing that it satisfied the requirements of paragraph (g)(1) of this section. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect.

[ 30 FR 311, Jan. 9, 1965. Redesignated at 44 FR 30682, May 29, 1979. Redesignated and amended at 45 FR 20483, May 15, 1983; 68 FR 51355, Aug. 26, 2003]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION

§ 831 - Creation; short title

§ 831a - Membership, operation, and duties of the Board of Directors

§ 831b - Officers and employees; wages of laborers and mechanics; application of employees’ compensation provisions

§ 831b-1

§ 831c - Corporate powers generally; eminent domain; construction of dams, transmission lines, etc.

§ 831c-1

§ 831c-2

§ 831c-3

§ 831d - Directors; maintenance and operation of plant for production, sale, and distribution of fertilizer and power

§ 831e - Officers and employees; nonpolitical appointment; removal for violation

§ 831f - Control of plants and property vested in Corporation; transfer of other property to Corporation

§ 831g - Principal office of Corporation; books; directors’ oath

§ 831h - Annual financial statement; purchases and contracts; audit by Comptroller General

§ 831h-1

§ 831h-2

§ 831i - Sale of surplus power; preferences; experimental work; acquisition of existing electric facilities

§ 831j - Equitable distribution of surplus power among States and municipalities; improvement in production of fertilizer

§ 831k - Transmission lines; construction or lease; sale of power over other than Government lines; rates when sold for resale at profit

§ 831k-1

§ 831l - Financial assistance to States and local governments in lieu of taxation; apportionment; limitation on contracts for sale of power to municipalities; report to Congress

§ 831m - Allocation and charge of value and cost of plants to particular objects; cost accounting; reports of costs of operation; sale of surplus power at profit

§ 831m-1

§ 831n - Bonds for future construction; amount, terms, and conditions

§ 831n-1

§ 831n-2

§ 831n-3

§ 831n-4

§ 831o - Completion of unfinished plants authorized

§ 831p - Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 648

§ 831q - Eminent domain; contracts for relocation of railroads, highways, industrial plants, etc.

§ 831r - Patents; access to Patent and Trademark Office and right to copy patents; compensation to patentees

§ 831s - Possession by Government in time of war; damages to contract holders

§ 831t - Offenses; fines and punishment

§ 831u - Surveys; cooperation with States or other agencies

§ 831v - Legislation to carry out purposes of chapter; recommendation by President

§ 831w - Acquisition of real or personal property; payment by delivery of power; sale or lease of vacant land for industrial purposes

§ 831x - Condemnation proceedings; institution by Corporation; venue

§ 831y - Net proceeds over expense payable into Treasury

§ 831y-1

§ 831z - Authorization of appropriations

§ 831aa - Laws repealed

§ 831bb - Reservation of right to amend or repeal

§ 831cc - Separability

§ 831dd - Liberal construction of chapter; sale of surplus lands