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Energy Management: Appeals Procedures for State and Local Assistance Programs

RCED-89-127 Published: May 10, 1989. Publicly Released: May 17, 1989.
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Highlights

Pursuant to a congressional request, GAO examined the Department of Energy's (DOE) administrative review procedures for its state and local energy conservation grant programs.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Energy To resolve uncertainties related to the procedures states may use to appeal support office decisions, the Secretary of Energy should clarify the current types of decisions appealable under the energy conservation, energy extension, and weatherization administrative review procedures and revise the procedures to eliminate the perception of bias in review panel selection for the energy conservation and energy extension programs.
Closed – Implemented
The rulemaking eliminates the main procedural inconsistencies among the different programs and clarifies that appeal rights extend to disputes over individual projects.
Department of Energy To resolve uncertainties related to the procedures states may use to appeal support office decisions, the Secretary of Energy should formalize the objectives of the Under Secretary and General Counsel joint study on appeals procedures and establish a schedule for its timely completion.
Closed – Implemented
Actions taken in response to other recommendations obviate the need for this action, according to DOE. GAO concurs with this.
Department of Energy To resolve uncertainties related to the procedures states may use to appeal support office decisions, the Secretary of Energy should ensure that officials in the Office of State and Local Assistance Programs, support offices, and state program offices have a clear understanding of the administrative review procedures, when to use these procedures, and when to use the other routes available to states to appeal support office decisions.
Closed – Implemented
The final rule clarified the appeals procedures. The states were specifically invited to comment on the DOE interim rulemaking, thereby allowing a formal process for questions or problems with the procedures to be brought to DOE attention. This rulemaking included three public hearings at which various parties commented on the appeals procedures.

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Topics

Administrative hearingsAdministrative remediesEnergy conservationstate relationsAppealsGrant administrationPublic assistance programsState-administered programsGrant programsPublic officials