WBA-17-0011 - In the Matter of Shou Yuan Zhang

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On July 16, 2019, the Office of Hearings and Appeals (OHA) issued an order denying Dr. Shou-Yuan Zhang's appeal of the OHA's initial agency decision under the Department of Energy's (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. The appeal alleged that the Administrative Judge had incorrectly assessed the credibility of hearing witnesses. The OHA Director found no clear error in the Administrative Judge's decision and held that, absent clear error, the Administrative Judge who presides over a hearing is best positioned to assess witness credibility. Accordingly, OHA denied the appeal. OHA Case No. WBA-17-0011