(a) In accordance with the procedures in this subpart, a person may appeal the following adverse actions for adjudication by the Secretary:
(1) The denial of a license;
(2) The categorization of a system in a tier;
(3) The failure to make a final determination on a license grant or denial or a licensee's modification request within the timelines provided in this part;
(4) The imposition of a license condition;
(5) The denial of a licensee-requested license modification; and
(6) The replacement of an existing license with a license granted under § 960.3(a)(1) or termination of an existing license under § 960.3(a)(2).
(b) The only acceptable grounds for appeal of the actions in paragraph (a) of this section are as follows:
(1) The Secretary's action was arbitrary, capricious, or contrary to law; or
(2) The action was based on a clear factual error.
(c) No appeal is allowed to the extent that there is involved the conduct of military or foreign affairs functions.