(a) On behalf of the Commission, the Office of Federal
Operations shall review the complaint file and all written statements
and briefs from either party. The Commission may supplement the record
by an exchange of letters or memoranda, investigation, remand to the
Board, or other procedures.
(b) If the Office of Federal Operations
requests information from one or both of the parties to supplement
the record, each party providing information shall send a copy of
the information to the other party.
(c) When
either party to an appeal fails without good cause shown to comply
with the requirements of this section or to respond fully and in timely
fashion to requests for information, the Office of Federal Operations
shall, in appropriate circumstances—
(1) draw an adverse inference that the
requested information would have reflected unfavorably on the party
refusing to provide the requested information;
(2) consider the matters to which the requested
information or testimony pertains to be established in favor of the
opposing party;
(3) issue a decision
fully or partially in favor of the opposing party; or
(4) take such other actions as appropriate.
