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Last revision:  April 10, 1992
 
 §1614.605   Representation and official time.
                           
  
     (a) At any stage in the processing of a complaint, including the  
 counseling stage  1614.105, the complainant shall have the right to be
 accompanied, represented, and advised by a representative of          
 complainant's choice.                                                 
     (b) If the complainant is an employee of the agency, he or she    
 shall have a reasonable amount of official time, if otherwise on duty,
 to prepare the complaint and to respond to agency and EEOC requests   
 for information.  If the complainant is an employee of the agency and 
 he designates another employee of the agency as his or her            
 representative, the representative shall have a reasonable amount of  
 official time, if otherwise on duty, to prepare the complaint and     
 respond to agency and EEOC requests for information.  The agency is   
 not obligated to change work schedules, incur overtime wages, or pay  
 travel expenses to facilitate the choice of a specific representative 
 or to allow the complainant and representative to confer.  The        
 complainant and representative, if employed by the agency and         
 otherwise in a pay status, shall be on official time, regardless of   
 their tour of duty, when their presence is authorized or required by  
 the agency or the Commission during the investigation, informal       
 adjustment, or hearing on the complaint.                              
     (c) In cases where the representation of a complainant or agency  
 would conflict with the official or collateral duties of the          
 representative, the Commission or the agency may, after giving the    
 representative an opportunity to respond, disqualify the              
 representative.                                                       
     (d) Unless the complainant states otherwise in writing, after the 
 agency has received written notice of the name, address and telephone 
 number of a representative for the complainant, all official          
 correspondence shall be with the representative with copies to the    
 complainant.  When the complainant designates an attorney as          
 representative, service of documents and decisions on the complainant 
 shall be made on the attorney and not on the complainant, and time    
 frames for receipt of materials by the complainant shall be computed  
 from the time of receipt by the attorney.  The complainant must serve 
 all official correspondence on the designated representative of the   
 agency.                                                               
     (e) The Complainant shall at all times be responsible for         
 proceeding with the complaint whether or not he or she has designated 
 a representative.                                                     
     (f) Witnesses who are Federal employees, regardless of their tour 
 of duty and regardless of whether they are employed by the respondent 
 agency or some other Federal agency, shall be in a duty status when   
 their presence is authorized or required by Commission or agency      
 officials in connection with a complaint.