18 CFR 1307.12 - Decisions and notices.

§ 1307.12 Decisions and notices.

(a)Decision by a member of the TVA Board or a hearing officer. If the hearing is held before a “hearing officer” as defined in § 1307.11(b), that hearing officer shall either make an initial decision, if so authorized, or certify the entire record including 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 hearing officer, the recipient may file with the TVA Board exceptions to the initial decision, which shall include a statement of reasons therefor. Such exceptions shall be filed within thirty (30) days of the mailing of the notice of initial decision. In the absence of exceptions, the TVA Board may on its own motion within forty-five (45) days after the initial decision serve on the recipient a notice that it 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 hearing officer 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, 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 part or section 504 shall promptly be transmitted to the TVA Board which may approve such decision, 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 section 504 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 financial assistance upon satisfaction of the terms and conditions for such eligibility contained in that order, or if the recipient otherwise comes into compliance with this part and provides reasonable assurance of future full compliance with this part.

(2) Any recipient adversely affected by an order entered pursuant to paragraph (f) of this section may at any time request that TVA fully restore the recipient's eligibility to receive 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, it shall restore such eligibility.

(3) If TVA denies any such request, the recipient may submit a request for a hearing in writing, specifying its reasons for believing 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, upon proving at such a hearing that the requirements of paragraph (g)(1) of this section are satisfied, will be restored to such eligibility. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect.

[ 45 FR 22895, Apr. 4, 2003, as amended at 68 FR 51356, 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 - Acceptance of services of volunteers

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

16 U.S. Code § 831c–1 - Bridges endangered or damaged by dams, etc.; compensation of and contracts with owner for protection, replacement, etc.

16 U.S. Code § 831c–2 - Civil actions for injury or loss of property or personal injury or death

16 U.S. Code § 831c–3 - Law enforcement

§ 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 - Operation of dams primarily for promotion of navigation and controlling floods; generation and sale of electricity

16 U.S. Code § 831h–2 - Repealed. Pub. L. 86–137, § 1, Aug. 6, 1959, 73 Stat. 280

§ 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 - Extension of credit to States, municipalities and nonprofit organizations to assist in operation of existing facilities

§ 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 - Tennessee Valley Authority least-cost planning program

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

§ 831n-1 - Bonds to carry out provisions of section 831k–1; amount, terms, and conditions

16 U.S. Code § 831n–2 - Bonds; limitation of issuance under sections 831n and 831n–1

16 U.S. Code § 831n–3 - Use of funds; limitation of issuance

16 U.S. Code § 831n–4 - Bonds for financing power program

§ 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

16 U.S. Code § 831y–1 - Approval of plans by Board as condition precedent to construction and operation; restraining action without approval; other laws unaffected

§ 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

U.S. Code: Title 29 - LABOR