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Last revision:  April 10, 1992
 
 §1614.108   Investigation of complaints.                               
  
     (a) The investigation of complaints shall be conducted by the     
 agency against which the complaint has been filed.                    
     (b) In accordance with instructions contained in Commission       
 Management Directives, the agency shall develop a complete and        
 impartial factual record upon which to make findings on the matters   
 raised by the written complaint.  Agencies may use an exchange of     
 letters or memoranda, interrogatories, investigations, fact-finding   
 conferences or any other fact-finding methods that efficiently and    
 thoroughly address the matters at issue.  Agencies are encouraged to  
 incorporate alternative dispute resolution techniques into their      
 investigative efforts in order to promote early resolution of         
 complaints.                                                           
     (c) The procedures in paragraphs (c) (1) through (3) of this      
 section apply to the investigation of complaints:                     
     (1) The complainant, the agency, and any employee of a Federal    
 agency shall produce such documentary and testimonial evidence as the 
 investigator deems necessary.                                         
     (2) Investigators are authorized to administer oaths.  Statements 
 of witnesses shall be made under oath or affirmation or,              
 alternatively, by written statement under penalty of perjury.         
     (3) When the complainant, or the agency against which a complaint 
 is filed, or its employees fail without good cause shown to respond   
 fully and in timely fashion to requests for documents, records,       
 comparative data, statistics, affidavits, or the attendance of        
 witness(es), the investigator may note in the investigative record    
 that the decisionmaker should, or the Commission on appeal may, in    
 appropriate circumstances:                                            
     (i) Draw an adverse inference that the requested information, or  
 the testimony of the requested witness, would have reflected          
 unfavorably on the party refusing to provide the requested            
 information;                                                          
     (ii) Consider the matters to which the requested information or   
 testimony pertains to be established in favor of the opposing party;  
     (iii) Exclude other evidence offered by the party failing to      
 produce the requested information or witness;                         
     (iv) Issue a decision fully or partially in favor of the opposing 
 party;  or                                                            
     (v) Take such other actions as it deems appropriate.              
     (d) Any investigation will be conducted by investigators with     
 appropriate security clearances.  The Commission will, upon request,  
 supply the agency with the name of an investigator with appropriate   
 security clearances.                                                  
     (e) The agency shall complete its investigation within 180 days of
 the date of filing of an individual complaint or within the time      
 period contained in an order from the Office of Federal Operations on 
 an appeal from a dismissal pursuant to  1614.107. By written agreement
 within those time periods, the complainant and the respondent agency  
 may voluntarily extend the time period for not more than an additional
 90 days.  The agency may unilaterally extend the time period or any   
 period of extension for not more than 30 days where it must sanitize a
 complaint file that may contain information classified pursuant to    
 Exec.  Order No.  12356, or successor orders, as secret in the        
 interest of national defense or foreign policy, provided the          
 investigating agency notifies the parties of the extension.           
     (f) Within 180 days from the filing of the complaint, within the  
 time period contained in an order from the Office of Federal          
 Operations on an appeal from a dismissal, or within any period of     
 extension provided for in paragraph (e) of this section, the agency   
 shall notify the complainant that the investigation has been          
 completed, shall provide the complainant with a copy of the           
 investigative file, and shall notify the complainant that, within 30  
 days of receipt of the investigative file, the complainant has the    
 right to request a hearing before an administrative judge or may      
 receive an immediate final decision pursuant to  1614.110
  from the    
 agency with which the complaint was filed.  In the absence of the     
 required notice, the complainant may request a hearing at any time    
 after 180 days has elapsed from the filing of the complaint.