What is a Contested Proceeding? A Comprehensive Legal Overview

Definition & Meaning

A contested proceeding refers to a legal process where there is a disagreement between the Nuclear Regulatory Commission (NRC) and an applicant for a license or permit. This disagreement can involve the issuance of the license or its terms and conditions. Additionally, it can occur when the NRC is enforcing a civil penalty or taking other enforcement actions against an applicant or license holder. Lastly, it includes situations where a petition to intervene against an application has been accepted or is under consideration by the Commission.

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Legal Use & context

Contested proceedings are primarily used in administrative law, particularly in the context of energy regulation and environmental compliance. They often arise in cases involving nuclear energy, where the NRC oversees licensing and regulatory compliance. Individuals or entities facing contested proceedings may benefit from using legal forms and templates to navigate the process effectively.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: An energy company applies for a license to operate a nuclear facility. The NRC identifies safety concerns and denies the application, leading to a contested proceeding.

Example 2: A nuclear plant operator receives a civil penalty for regulatory violations. The operator contests the penalty, resulting in a contested proceeding before the NRC.

Relevant laws & statutes

Contested proceedings are governed by the regulations outlined in Title 10 of the Code of Federal Regulations (CFR), specifically Part 2, which details the rules of practice for domestic licensing proceedings and orders issued by the NRC.

Comparison with related terms

Term	Definition	Key Differences
Contested Proceeding	A legal process involving disputes over licenses or enforcement actions.	Focuses on regulatory disputes with the NRC.
Adjudicatory Hearing	A formal proceeding where evidence is presented before a judge.	More general and can apply to various legal contexts, not limited to NRC.
Administrative Appeal	A request to review a decision made by an administrative agency.	May not involve a dispute but rather a review of the decision's legality.

Common misunderstandings

What to do if this term applies to you

If you find yourself involved in a contested proceeding, it is essential to understand your rights and options. Consider the following steps:

Review the NRC's regulations and your specific case details.
Gather any necessary documentation and evidence to support your position.
Explore US Legal Forms for templates that may assist you in preparing your case.
If the situation is complex, consult with a legal professional for tailored advice.

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Quick facts

Attribute	Details
Typical Duration	Varies based on complexity; can take several months.
Jurisdiction	Nuclear Regulatory Commission (NRC).
Possible Outcomes	Issuance of a license, modification of terms, or enforcement actions.