Office of the Secretary Special Exposure Cohort 

Administrative Review Guidance: 

Frequently Asked Questions (FAQ) 

This FAQ document provides guidance regarding the Energy Employees Occupational 

Illness Compensation Program Act of 2000 (EEOICPA) Special Exposure Cohort (SEC) 

Administrative Review process. It includes a summary of the regulations at 42 CFR § 

83.18 (“How can petitioners obtain an administrative review of a final decision by the 

Secretary?”), as well as additional instructions on how to appeal the Secretary’s 

determination to deny adding a class of employees to the SEC. 

Can petitioners appeal a decision by the Secretary to deny SEC 

status? 

Yes, petitioners may challenge the Secretary's final decision to deny adding a class to the SEC 

or a health endangerment determination by requesting an Administrative Review of the 

decision. 

When and how can petitioners submit a request for an 

Administrative Review of a decision by the Secretary to deny SEC 

status? 

Petitioners must contest a final decision to deny adding a class to the SEC or a health 

endangerment determination by submitting a written request to the Secretary of Health and 

Human Services within 30 calendar days of receiving the notification letter from NIOSH. All 

Administrative Review requests must be made in writing, to the Secretary, sent via email to the 

Executive Secretary of the Department of Health and Human Services at 

EEOICPA.AdminReview@hhs.gov. 

This email box will be monitored for 30 calendar days following petitioner receipt of the 

NIOSH notification letter, as documented by the proof-of-delivery notice provided to NIOSH 

by the document delivery service. Alternatively, petitioners may submit a hard copy of the 

written request by U.S. mail or courier (such as FedEx or UPS) to the Executive Secretary at 

the address provided below. 

Please note, petitioners must choose to submit their administrative review requests by either 

email or mail, but not both; if submissions are sent in duplicate, the version sent by email will 

be retained, and the version sent by mail will be discarded unread. No other forms of 

submission are acceptable. 

Executive Secretary to the Department of Health and Human Services 

Room 603-H 

200 Independence Avenue, S.W. 

Washington, DC 20201 

Phone: 202-690-5627 
 

 

Who should petitioners contact with inquiries regarding the 

Administrative Review process? 

While requests for Administrative Review may only be submitted in writing, via email to the 

Executive Secretary to the Department of Health and Human Services (see FAQ above), 

inquiries related to the Administrative Review process should be sent via email, for direct reply, 

to the Office of the Assistant Secretary for Health general mailbox at ASH@hhs.gov. 

What information must petitioners include in a request for an 

Administrative Review? 

Petitioners' request for an Administrative Review must include evidence that the Secretary's 

final decision relies on a record of either (1) substantial factual errors or (2) substantial errors 

in the implementation of the procedures set out in the EEOICPA SEC regulations at 42 CFR 

part 83. 

Can petitioners submit new information or documentation 

concerning the petition along with the request for an 

Administrative Review? 

No, the Administrative Review is limited to the existing administrative record for each 

petition. Petitioners may not introduce any new information or documentation concerning the 

petition or the NIOSH or Advisory Board evaluation(s) that was not submitted or presented by 

the petitioner(s) or others to NIOSH or to the Advisory Board prior to the Advisory Board's 

issuing its recommendations under 42 CFR § 83.15. 

What constitutes a properly filed request for Administrative 

Review? 

The Administrative Review request should describe the substantial factual errors or substantial 

errors in the implementation of the procedures set out in the EEOICPA SEC regulations at 42 

CFR part 83. Because the panel is provided with the administrative record for each case (see 

FAQs below), petitioners should not include portions of the administrative record with the 

request. Furthermore, because SEC regulations prohibit petitioners from introducing new 

information or documentation, any new information or documentation submitted with a request 

will not be provided to the panel. All enclosures to the Administrative Review request must be 

submitted along with the written request to the Secretary (see FAQ above). 

Who is responsible for reviewing the Secretary's final decision in 

an Administrative Review? 

A panel of three HHS personnel is responsible for reviewing the merits of the petitioner's 

challenge and the resolution of the issues contested by the challenge. The panel is appointed by 

the Secretary and must be independent of NIOSH. 
 

 

 

 

 

 

What information and documents must the review panel consider 

when assessing the petitioner's challenge? 

The regulations specify certain information and documents that the review panel is required to 

consider when assessing the petitioner's challenge. Review panels are required to consider the 

views and information submitted by the petitioner(s) in the challenge, the NIOSH evaluation 

report(s), the report containing the recommendations of the Advisory Board issued under 42 CFR 

§ 83.15, and the recommendations of the Director of NIOSH to the Secretary. 

What additional information and documents may the review panel 

consider when assessing the petitioner's challenge? 

The review panel may also consider information presented or submitted to the Advisory Board 

and the deliberations of the Advisory Board prior to the issuance of the recommendations of 

the Advisory Board under 42 CFR § 83.15. This may include relevant Board and workgroup 

or subcommittee meeting transcripts and other information that comprises the administrative 

record for the SEC determination. 

What must the review panel consider when assessing the accuracy 

of the Secretary's final decision? 

The review panel considers whether HHS substantially complied with the procedures set out in 

the regulations at 42 CFR part 83, the factual accuracy of the information supporting the final 

decision, and the principal findings and recommendations of NIOSH and those of the Advisory 

Board issued under 42 CFR § 83.15. 

How long does the review panel have to complete its review? 

No timeline governs the review panel's conduct of the review. Each request and review is 

considered and conducted on a case-by-case basis. 

What happens once the review panel completes its review? 

Once the review panel completes its review, a report of the panel's findings and 

recommendations is sent to the Secretary. The Secretary will then decide whether or not to 

revise a final decision contested by the petitioners after considering information and 

recommendations provided to the Secretary by the Director of NIOSH, the Advisory Board, 

and from the HHS administrative review panel. HHS will transmit a report of the Secretary's 

decision to the petitioner(s). 

What happens if the Secretary decides to change a decision to 

deny adding a class to the SEC? 

If the Secretary decides, based on information and recommendations provided by the 

administrative review panel, NIOSH, and the Advisory Board, to change a designation of a 

class under 42 CFR § 83.17(a) or a determination under 42 CFR § 83.16(c), the Secretary will 

transmit to Congress a report providing such change to the designation or determination. HHS 

will also publish a notice summarizing the decision in the Federal Register. 
 

 

When does a new designation by the Secretary take effect? 

A new designation of the Secretary will take effect 30 calendar days after the date on which the 

report of the Secretary is submitted to Congress, unless Congress takes an action that reverses 

or expedites the designation. Such new designations and related congressional actions will be 

further reported by the Secretary pursuant to paragraphs (d) and (e) of § 42 CFR 83.17.