(a) The investigation of complaints filed against the
Board shall be conducted by the Board.
(b) In accordance with
instructions contained in Commission management directives, the Board
shall develop an impartial and appropriate factual record upon which
to make findings on the claims raised by the written complaint. An
appropriate factual record is one that allows a reasonable fact finder
to draw conclusions as to whether discrimination occurred. The Board
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. The Board may incorporate
alternative dispute-resolution techniques into its investigative efforts
in order to promote early resolution of complaints.
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(c) The procedures
in paragraphs (c)(1) through (3) of this section apply to the investigation
of complaints:
(1) The complainant,
the Board, and any employee of the Board 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 Board
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 decision
maker 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.
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(d) Any investigation
will be conducted by investigators with appropriate security clearances.
(e) (1) The Board 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 section 268.106. By written agreement within those time
periods, the complainant and the Board may voluntarily extend the
time period for not more than an additional 90 days. The Board 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 Executive Order No.
12356, or successor orders, as secret in the interest of national
defense or foreign policy, provided the Board notifies the complainant
of the extension.
(2) Confidential
supervisory information, as defined in 12 CFR 261.2(c), and other
confidential information of the Board may be included in the investigative
file by the investigator, the EEO programs director, or another appropriate
officer of the Board, where such information is relevant to the complaint.
Neither the complainant nor the complainant’s personal representative
may make further disclosure of such information, however, except in
compliance with the Board’s Rules Regarding Availability of Information,
12 CFR 261, and where applicable, the Board’s Rules Regarding Access
to Personal Information under the Privacy Act of 1974, 12 CFR 261a.
Any party or individual, including an investigator, who requires access
to FOMC information must agree to abide by the Program for Security
of FOMC Information before being granted access to such information.
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(f) Within 180 days from the
filing of the complaint, or where a complaint was amended, within
the earlier of 180 days after the last amendment to the complaint
or 360 days after the filing of the original 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 Board 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 and decision
from an administrative judge or may request an immediate final decision
pursuant to section 268.109(b) from the Board.
(g) If the Board
does not send the notice required in paragraph (f) of this section
within the applicable time limits, it shall, within those same time
limits, issue a written notice to the complainant informing the complainant that it has
been unable to complete its investigation within the time limits required
by paragraph (f) and estimating a date by which the investigation
will be completed. Further, the notice must explain that if the complainant
does not want to wait until the agency completes the investigation,
he or she may request a hearing in accordance with paragraph (h) of
this section, or file a civil action in an appropriate United States
District Court in accordance with section 268.406(b). Such notice
shall contain information about the hearing procedures.
(h)
Where the complainant has received the notice required in paragraph
(f) of this section or at any time after 180 days have elapsed from
the filing of the complaint, the complainant may request a hearing
by submitting a written request for a hearing directly to the EEOC
office indicated in the Board’s acknowledgment letter. The complainant
shall send a copy of the request for a hearing to the Board’s EEO
Programs Office. Within 15 days of receipt of the request for a hearing,
the Board’s EEO Programs Office shall provide a copy of the complaint
file to EEOC and, if not previously provided, to the complainant.
