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Federal Register / Vol 58, No. 33 / Monday, February 22, 1993 / Rules and Regulations
26.504 Compliance with sodorant SS 268.205 or 268.305 of this part, as Subpart Hatiers of General
Appilability (a) Any settlardant agreement
tection. knowingly and voluntarily agreed to by
1268.601 EEO group statistics the Board and a complainant, reached at $288.505 Chill action: The VI., Age
(a) The Board sball collect and any stage of the complaint process, shall Dtecrimination in Employment Act and maintain accurate employment be binding on both parties. A final Rehabilitation Act
information on the race, national origin, decision of the Board that has not been
A complainant who has filed an sex and handicap(s) of its employees., the subject of review by the individual complaint, an agent of the
(b) Data on race, Dational origin and Commission, or in a civil action, ahall class who has filed a class complaint of
sex shall be collected by voluntary selfnonetheless be binding on the Board. If a claimant wbo has filed a claim for
identification. If an employee does not the complainant believes that the Board
voluntarily provide the requested has failed to comply with the terms of individual relief pursuant to a class
information, the Board aball advise the 8 settlement agroarpent or a final complaint may file a civil action in an
employee of the importance of the data decision, the complainant shall notify appropriate United States District Court
and of the Board's obligation to report the EEO Programs Officer, in writing of alleging violations of Title VII, the
it. If the amployee still refuses to the alleged noncompliance within 30 ADEA or the Rehabilitation Act:
provide the information, the Board sball days of when to complainant know or (a) Within 90 days of receipt of the
make a visual identification and inforn should have known of the alleged Board's final decision on an individual the employee of the data it will be noncompliance. The complainant may or class complaint, wbether or not a reporting. If the Board believes that requese that the Board implement the
request for review bas boan filed with information provided by an employee is terms of the settlement agreement or the Commission:
inaccurate, the sball Board advise the final decision or alternatively, that the complaint be reinstated for further
(b) Aner 180 days from the date of
employee that the purpose for which ube
data is being collected is solely processing from the point processing filing an individual or class complaint
statistical, of the need for accuracy, of ceased. if a request for review by the
the Board's recognition of the sensitivity (b) The Board shall ofterop to resolve Commission has not boon filed and a
of the information, and of the existance the matter brought to the Board's final decision of the Board has not been
of procedures to prevent its attention by the complainant in issued;
unauthorized disclosure. If thereafter, paragraph (a) of this rection, and
(c) Within 90 days of receipt of an the employee declines to change the respond to the complainant, in writing. EEOC decision; or
apparently inaccurate solfIf the Board has not responded to the complainant, in writing. or if the
(d) After 180 days from the date of
identification, the Board shall accopt it.
(c) Subject to applicable law, the complainant is not satisfied with the filing a request for review with the
information collected under paragraph Board's attempt to resolve ibo matter, Commission if an EEOC decision bas
(b) of this section sball be disclosed the complainant may request the not been issued by the Commission.
only in the form of gross statistica. The Commission to review whether the Board has complied with the terms of $268.506 Chut action: Equal Pay Act.
Board will not collect or maintain any
information on the raca, national origin, the settlement agreement or the final A complainant mey file a civil action
Or sex of individual employees except in decision. The complainant may file under section 16(b) of the Fair Labor accordance with applicable law and such request for review 35 days after be Standards Ad (29 U.S.C 216(b)) in a when an automated data processing or she has served the Board with the
court of competent jurisdiction within system is used in accordance with notice of allegations of poncompliance, two years or, if the violation is willful, standards and requirements prescribed but must file the request for review with three years of the date of tbe alleged by the Commission to insure individual the Commission within 30 days of his
violation of the Equal Pay Act regardless privacy and the soparation of that or her receipt of 1 Board's of whether he or she pursued any
information from the employee's determination. The complainant must
administrative complaint procossing (29 person del record. serve a copy of the request for review on the Board and the Board may submit a U.S.C. 225). Rocovery of back wages
(d) The Board's system sball under the Equal Pay Act is limited to
incorporate the following controle response to the Commission within 30
(1) Only those categories of row and days of receiving notice of request for
two years prior to the date of filing suit,
national origin approved by the review
Commission shall be used; and (c) Prior to rendering its deemed willful. Liquidated damages in
(2) Only the specific procedures for determination, the Commission moy an equal amount may also be awarded.
the collection and maintenance of data request that the parties submit whatever The filing of a complaint or request for
that are prescribed or approved by the additional information or review with the Commission under this
Commission shall be used. documentation they doom Decossary, of part shall not toll the time for filing a (e) The Board sball use the data only it may direct thet a movod ipation of civil action.
in studies and analyses that contribute hearing on the matter be conducted. If the Commission determines that the $268.507 Emoct of Aling chill action.
affirmatively to achieving the objectives
of the Board's equal employment Board is not in compliance and the Filing civil action under $5 268.505 opportunity program. The Board shall Dancompliance is not attributable to or 268.506 of this part shall berminale
not establish quotes for the employment acus or conduct of the complainant, the Commission's processing of soy
of persons ao iba basis of race, color, may order that the complaint be
request for review. Ito privato anit is religion, mor, or national origin. minstated for further processing from filed aubrequent to the filing of s
(1) Data on handicaps shall noo be the point proceeding conued. Allegations request for review, the parties shall
collected by voluntary self that abouquet cts of discrimination potify the Commission of such filing in
identification. If an employee does not violate svottlement agreement shall bo writing
voluntarily provide the requested
Federal Register / Vol. 58, No. 33 / Monday, February 22, 1993 / Rules and Regulations
employee of the importance of the data writing and shall be signed by both opportunity to respond, disqualify the and of the Board's obligation to report parties and shall identify the allegations representative. it. If an employee who has been resolved.
Id Uploss the complainant states appointed pursuant to the Board's affirmative action program for hiring $268.604 Filling and computertion of the
otherwise in writing, after the Board has
received written notice of the name, individuals with handicaps still refuses
(a) All time periods in this part that address and telephone rrumber of a to provide the requested information, are stated in terms of days are calendar representative, all official the Board shall identify the employee's days unless otherwise stated.
correspondanas shall be with the handicap based upon the records
b) A document shall be deemed supporting the appointment. If any timely filed if it is delivered in person
representative with copies to the
complainant. When the complained other employee still refuses to provide
or postmarked before the expiration of designates an attorney as representative, the requested information or provides
the applicable filing period; or, in the service of documents and decisions on information that the Board believes to
absence of a legible postmark, if it is the complaint shall be made on the be inaccurate, the Board shall report the received by mail within five days of the
attorney and not on the complainant, employee's handicap status as
expiration of the applicable filing and time frames for receipt of materials unknown. period.
by the complainant shall be computed (g) The Board shall report to the
(c) The time limits in this part aro from the time of receipt by the attorney. Commission on employment by race, subject to waiver, estoppel, and
The complainant must serve all official pational origin, sex and handicap in the equitable tolling.
correspondance on the designated form and at such times as the Board and
(d) The first day counted shall be the
representative of the Board. Commis
day after the event from which the time le) The complainant aball at all times
period began to run and the last day of be responsible for proceeding with the $268.602 Reports to the Equal the period shall be included, unless it
complaint whether or not he or she has Employment Opportunity Commission. falls on a Saturday, Sunday, or Federal designated a representative.
(a) The Board shall report to the holiday, in which case the period shall (0) Witnesses who are Board Commission information concerning be extended to include the next employees shall be in a duty status pre-complaint counseling and the business day.
when their presence is authorized or status, processing, and disposition of complaints under this part at such times $280.605 Aapresentation and offichel time required in connection with a
complaint and in such manner as the Board and (a) At any stage in the processing of Commission shall agree.
a complaint, including the counseling $268.606 Joint processing and (b) The Board shall advise the stage under $268.204 of this part, the consolidation of complainte. Commission whenever it is served with complainant shall have the right to be Complaints of discrimination filed by a federal court complaint based upon a accompanied, represented and advised two or more complainants consisting of complaint that is pending review at the by a representative of complainant's substantially similar allegations of Commission. choice
discrimination or relating to the sampe (c) The Board shall prepare annually
(b) If the complainant is an omployee matter, or two or more complaints of equal employment opportunity plans of
of the Board, be or she shall have a discrimination from the same actions, in the form requested by the
reasonable amount of official timo, 11 complainant, may be consolidated by Commission, and shall submit such otherwise on duty, to prepare the
the Board for joint processing after plans for review and advice by the complaint and to respond to Board and appropriate notification to the parties. Commission. The plans of action shall
Commission requests for information. If The date of the first filed complaint include:
the complainant is an employee of the controls the applicable time frames (1) Provision for the establishment of Board and he or she designates another under subpart B of this part. training and educavan programs employee of the Board as his or her designed to provide maximum representative, the representative shall
Subpart - Prohibition Against opportunity for employees to advance have a reasonable amount of official
Discrimination In Board Program and so as to perform at their highest time, if otherwise on duty, to prepare
Activities Bochu.. of Physical or potential; the complaint and respond to Board and
Mental Handicap (2) Description of the qualifications, Commission requests for information.
$268.701 Purpose and application in terms of training and experience The Board is not obligated to change
(a) Purpose. The purpose of this relating to equal employment work schedules, incur overtime wages,
subpart G is to prohibit discrimination opportunity, of the principal and or pey travel expenses to facilitate the
on the basis of handicap in programs or operating officials concerned with choice of a specific representative or to administration of the Board's equal allow the complainant and
activities conducted by the Board.
(b) Application. (1)This subpan G employment opportunity program; and representative to confar. The
applies to all programs and activities (3) Description of the allocation of complainant and the representative, if conducted by the Board Such programs personnel and resources proposed by
employed by the Board and otherwise in and activities include: the Board to carry out its aquel a pay status, shall be on official timo,
(i) Holding open meetings of the employment opportunity program.
regardless of their lours of duty, when Board or other meetings or public
their presence is authorized or required hearings at the Board's office in $268.603 kiuntary bottlement atternpto. by the Board or the Commission during Washington, D.C; The Board shall make reasonable the investigation, informal adjustment,
(ii) Responding to inquiries, filing efforts to settle, voluntarily, complaints or bearing on the complaint.
complainis, & applying for employment of discrimination as early as possible in, (c) In cases where the representation at the Board's office; and throughout the administrative of a complainant or the Board would
(iii) Making available the Board's processing of compleints, including the conflict with the official or collateral library facilities and pre-complaint counseling stage. Any duties of the representative, the Board (iv) Any other lawful interaction with settlement reached shall be reduced to may, after giving the representative an the Board or its staff in any official
Federal Register / Vol. 58, No. 33 / Monday, February 22, 1993 / Rules and Regulations
matter with people who are not
(2) The Board may not deny a subjected to discrimination in employees of the Board.
qualified handicapped person the employment under any program or (2) This subpart G does not apply to opportunity to participate in programs activity conducted by the Board. The Federal Reserve banks or to financial or activities that are not separate or requirements and procedures of institutions or other companies different, despite the existence of $ 268.303 of this part shall apply to supervised or regulated by the Board. permissibly separate or different discrimination in employment under $268.702 Motion programs or activities.
this subpart G. (3) The Board may not, directly or The Board shall make available to through contractual or other
$262.706 Program scoccolbukty: employees, applicants for employment,
arrangements, utilize criteria or methods Dlacrimination prohibited. participants, beneficiaries, and other of administration, the purpose or effect
Except as otherwise provided in interested persons information of which would:
$268.706 of this part. Do qualified regarding the provisions of this subpart (1) Subject qualified handicapped handicapped person shall because the G and its applicability to the programs persons to discrimination on the basis of Board's facilities are inaccessible to or and activities conducted by the Board, handicap: or
unusable by handicapped persons, be and make this information available to (u) Defeat or substantially impair denied the benefits of, be excluded from them in such manner as the Board finds accomplishment of the objectives of a participation in, or otherwise be necessary to apprise such persons of the
program or activity with respect to subjected to discrimination under any protections against discrimination handicapped persons.
program or activity conducted by the assured them by this subpart G.
The Board may not, in determining Board. $268.703 Prohibition against
the site or location of a facility, make dlecrimination selections the purpose or effect of which 268.706 Program accessibility: Existing
facilities. would: (a) No qualified handicapped person (i) Exclude handicapped persons
(a) General. The Board sball operate shall, on the basis of handicap, be from, deny them the benefits of, or
each program or activity so that the excluded from participation in, be otherwise subject them to
program or activity, when viewed in its denied the benefits of, or otherwise be discrimination under any program or
entirety, is readily accessible to and subjected to discrimination in any activity conducted by the Board; or
usable by handicapped persons. This program or activity conducted by the
(ü) Defeat or substantially impair the
paragraph (a) does not: Board (b)(1) The Board, in providing any accomplishment of the objectives or a
(1) Necessarily require the Board to aid, benefit, or service, may not, directly handicapped persons.
make each of its existing facilities program or activity with respect to
accessible to and usable by bandicapped or through contractual, licensing, or (5) The Board, in the selection of persons; or other arrangements, on the basis of procurement contractors, may not use
(2) Require the Board to take any handicap: criteria that subject qualified
action that it can determine, based on a (i) Deny a qualified handicapped handicapped persons to discrimination
written record, would result in a . person the opportunity to participate in on the basis of handicap.
fundamental alteration in the nature of or benefit from the aid, benefit, or
(6) The Board may not administer a
a program or activity or in undue service that is not equal to that provide licensing or certification program in a
financial and administrative burdens. In to others; manner that subjects qualified
those circumstances where the Board (ii) Afford a qualified handicapped
handicapped persons to discrimination believes that the proposed action would person an opportunity to participate in on the basis of handicap, nor may the
fundamentally alter the program or or benefit from the aid, benefit, or Board establish requirements for the
activity or would result in undue service that is not equal to that afforded programs and activities of licensees or financial and administrative burdens, others; cortified entities that subject qualified
the Board shall establish a written (iii) Provide e qualified handicapped
handicapped persons to discrimination record showing that compliance with person with an aid, benefit, or service on the basis of handicap. However, the
this paragraph (a) would result in such that is not as effective in affording equal programs and activities of entities that
alterations or burdens. The decision that opportunity to obtain the same result, to
are licensed or certified by the Board are compliance would result in such gain the same benefit, or to reach the
not, themselves, covered by this subpart alterations or burdens shall be made by same level of achievement as that G.
the Board of Governors or their designee provided to others;
(c) The exclusion of non-handicapped after considering all Board resources (iv) Provide different or separate aid, persons from the benefits of a program
available for use in the funding and benefits, or services to handicapped limited by Federal statute or Board operation of the conducted program or persons or to any class of bandicapped order to handicapped persons or the
activity, and must be accompanied by a persons than is provided to others exclusion of a specific class of
written statement of the reasons for unless such action is necessary to handicapped persons from a program
reaching that conclusion. If an action provide qualified handicapped persons limited by Federal statute or Board
would result in such an alteration or with aid, benefits, or services that are as
order to a different class of handicapped such burdens, the Board shall take any effective as those provided to others; (v) Deny a qualified handicapped
persons is not prohibited by this subpart other action that would not result in G.
such an alteration or such burdens but person the opportunity to participate as (d) The Board shall administer would nevertheless ensure that a member of planning or advisory
programs and activities in the most handicapped persons receive the boards; or
integrated setting appropriate to the benefits and services of the program or (vi) Otherwise limit a qualified
needs of qualified handicapped persons. activity, handicapped person in the enjoyment of
(6) Methods. The Board may comply any right, privilege, advantage, or 9 268.704 Employment
with the requirements of this subpart G opportunity enjoyed by others receiving No qualified handicapped person through such means as redesign of
Federal Register / Vol. 58. No. 33 / Monday, February 22, 1993 / Rules and Regulations
accessible buildings, assignment of facility, directing users to a location at any person submitting a complaint. aides to handicapped persons, bome which they can obtain information excapt when mithorized to do so in visits, delivny of service at alternato about accossible facilities. The
writing by the complainant, and except accasable sitos, alteration of existing international symbol fot accessibility to the extent necessary to carry out the facilities and construction of now shall be used at each primary entrusca purposes of subpart Gincluding facilities, use of accessible rolling stock, of an accessible facility.
the conduct of any lavestigation. or any other methods that result in (d) This subpart G does not require hearing, or proceeding under this making its programs or activities readily the Board to take any action that would subpart G accessible
to and usable by bandicapped result in a fundamental alteration in the (3) When to file. Complaints shall be persons. The Board is not required to nature of a program or activity or in filed within 180 days of the alleged act make structural changes in existing undue financial and administrative of discrimination. The EEO Programs facilities where other methods are burdens. In those circumstances where Officer may extend this time limit for effective in achieving compliance with the Board believes that the proposed good cause sbown. For the purpose of this subpart G. In choosing among action would fundamentally after the determining when a complaint is timely available methods for meeting the program or activity or would result in filed under this paragraph (d). a. requirements of this subpart Ğ, the undue financial and administrative complaint mailed to the Board shall be Board gives priority to those methods burdens, the Board shall establish a deemed filed on the date it is that offer programs and activities to written record showing compliance postmarked. Any other complaint shall qualified handicapped persons in the with this subpart G would result in such be deemed filed on the date it is most integrated setting appropriate. alterations or burdens. The
received by the Board. (c) Time period for compliance. The determination that compliance would (4) How to file. Complaints may be Board shall comply with any obligations result in such alterations or burdens delivered or mailed to the established under this subpart C as shall be made by the Board of Governors Administrativo Governor, the Staff expeditiously as possible.
or their designed after considering all Director for Management, the EEO
Board resources available for use in the Programs Officer, the Federal Women's 1268.707 Program accessibility: Now
funding and operation of the conducted Program Manager. the Hispanic Program construction and alteration
program or activity, and must be Coordinator, or the Handicapped Each building or part of a building accompanied by a written statement of Program Coordinator. Complaints that is constructed or altered by. on the reasons for reaching that conclusion should be sent to the EEO Programs behalf of, or for the use of the Board, shall be designed, constructed, or
If an action required to comply with this Officer, Board of Governors of the
subpart would result in such an Federal Reserve System, 20th and C altered so as to be readily accessible to alteration or such burdens, the Board Street, NW. Washington, DC 20551. If and usable by handicapped persons. shall take any other action that would
any Board official other than the EEO 1268.708 Communications.
not result in such an alteration or such Programs Officer receives a complaint, (a) The Board shall take appropriate burdens but would nevertheless ensure
he or she shall forward the complaint to that, to the maximum extent possible. the EEO Programs Officer. steps to ensure effective communication handicapped persons receive the
(e) Acceptance of complaint (1) The with applicants, participants, personnel benefits and services of the program or
EEO Programs Officer shall accept a of other Foderal entities, and members
activity. of the public.
complete complaint that is file in
accordance with paragraph (d) of this (1) The Board shall furnish
$268.709 Compliance procedurne. section and over which the Board has appropriate auxliary aids where
(a) Applicability. Notwithstanding jurisdiction. The EEO Programs Officer necessary to afford & handicapped any other provision of this part, this shall notify the complainant of receipt person an equal opportunity to section, except as provided in paragraph and acceptance of the complaint. participate in, and enjoy the benefits of. (b) of this section, rather than subpart B (2) If the EEO Programs Officer a program or activity conducted by the and 268.305 of this part, shall apply to receives a complaint that is not Board.
all allegations of discrimination on the complete, he or she shall noufy the (1) In determining what type of basis of handicap in programs or complainant, within 30 days of receipt auxhary and is necessary, the Board
activities conducted by the Board. of the incomplete complaint, that shall give primary consideration to the
(b) Employment complaints. The additional information is needed. If the requests of the handicapped person. Board shall process complaints alleging complainant fails to complete the
() The Board need not provide discrimination in employment on the complaint within 30 days of receipt of individually prescribed devices, readers basis of handicap in accordance with this notice, the EEO Programs Officer for personal use or study, or other subpart B and section 268.305 of this shall dismiss the complaint without devices of a personal nature. part.
prejudica (2) Where the Board communicates (c) Responsible official. The EEO (3) If the EEO Programs Officer with employees and others by
Programs Officer shall be responsible for receives a complaint over which the telephone, telecommunication devices coordinating implementation of this Board does not have jurisdiction, the for deaf persons (TDD's) or equally section.
EEO Programs Officer shall noufy the effective telecommunication systems (d) Filing the complaint(1) Who complainant and shall make reasonable shall be used
may file. Any person who believes that efforts to refer the complaint to the (b) The Board shall ensure that he or she has been subjectod to
appropriate government enuty. interested persons, including persons discrimination prohibited by this ( Investigation/conciliation (1) with impaired vision or hearing. can subpart G may, personally or by his or Within 180 days of the receipt of a obtain information as to the existenca her authorized representative, file a complete complaint,
the EEO Programs and location of accessible services, complaint of discrimination with the Officer shall complete the investigation activities, and facilities. EEO Prograins Officer.
of the complaint attempt informal (c) The Board shall provide signs at a (2) Confidentiality. The EEO Programs resolution of the complaint, and if no primary entrance to any inaccossible Officer shall not reveal the identity of informal resolution is achieved. the EEO 9538 Federal Register / Vol. 58, No. 33 / Monday, February 22, 1993 / Rules and Regulations Programs Officer sball forward the (2) If the complainant does not (vii) Take any action permitted to the investigative report to the Staff Director request a bearing. the EEO Programs administrative law judge as authorized for Management.
Officer shall notify the Board of by this subpart G or by the provisions (2) Tho EEO Programs Officer may Governor of the appeal by the of the Administrative Procedure Act (5 request Board employees to cooperate in complainant and that a decision must be U.S.C. 554-557). the investigation and attempted made under paragraph (k) of this
(3) Technical rules of evidence shall resolution of complaints. Employees section.
not apply to bearings conducted who are requested by the EEO Programs (1) Acceptance of appeal. The EEO pursuant to this paragraph (j), but rules Officer to participate in any
Programa Officer shall accept and or principles designed to assure investigation under this section shall do process any timely appeal. A
production of credible evidence and to so as part of their official duties and complainant may appeal to the
subject testimony to cross-examination during the course of regular duty hours. Administrativo Governor from
shall be applied by the administrative (3) The EEO Programs Officar shall decision by the EEO Programs Officer low judge wherever reasonably furnish the complainant with a copy of that an appeal is untimely. This appeal Decessary. The administrative law judge the investigative report promptly after shall be filed within 15 calendar days of may excludo irrelevant, immaterial, or completion of the investigation and receipt of the decision from the EEO unduly repetitious evidence. All provide the complainant with an Programs Officer
documents and other evidence offered opportunity for informal resolution of (1) Hearing. (1) Notice of a request for or taken for the record shall be open to the complaint. a bearing, with or without a request for
examination by the parties, and (4) If a complaint is resolved an appeal, shall be filed by the opportunity sball be given to refute facts informally, the terms of the agreement complainant with the EEO Programs and arguments advanced on either side shall be reduced to writing and made a Officer within 30 days of receipt from of the issues. A transcript shall be made part of the complaint file, with a copy the Staff Director for Management of the
of the oral evidence except to the extent of the agreement provided to the letter of findings required by paragraph the substance thereof is stipulated for complainant. The written agreement (8) of this section. Upon a timely request the record. All decisions shall be based may include a finding on the issue of for a bearing. the EFD Programs Officer upon the hearing record. discrimination and shall describe any shall request that the Board of
(4) The costs and expenses for the corrective action to which the Governors, or its designeo, appoint an
conduct of a hearing shall be allocated complainant bas agreed. administrative law judge to conduct the
as follows: (8) Letter of findings. (1) If an informal bearing. The administrative law fudge
(1) Employees of the Board shall, upon resolution of the complaint is not shall issue a notice to the complainant
the request of the administrative law reached, the EEO Programs Officer sball and the Board specifying the date, time. judge, be made available to participate transmit the complaint file to the Staff and place of the scheduled hearing. The duty status for this purpose: They shall
in the bearing and shall be on official Director for Management. The Staff hearing shall be commenced no earlier Director for Management shall, within than 15 calendar days after the notice is
not receive witness foes. 180 days of the roceipt of the complete issued and no later than 60 days after
(ii) Employees of other Federal complaint by the EEO Programs Officer, the request for a bearing is filed, unless
agencies called to testify at a hearing, at notify the complainant of the results of all parties agree to a different date.
the request of the administrative law the investigation in a letter sent by (2) The bearing. decision, and any
judge and with the approval of the certified mail, return receipt requested, administrative review thereof shall be
employing agency, shall be on official containing: conducted in conformity with s U.S.C.
duty status during any absence from (i) Findings of fact and conclusions of 554-557. The administrative law judge
normal duties caused by their law; shall have the duty to conduct a fair
testimony, and shall not receive witness
foes. (ii) A description of a remedy for each hearing, to take all necessary actions to violation found; avoid delay, and to maintain order. He
(iii) The fees and expenses of other (iii) A notice of right of the or sbe shall have all powers necessary
persons called to testiły at a hearing complainant to appeal the letter of to these ends, including (but not limited shall be paid by the party requesting
their appearance. findings under paragraph (k) of this to) the power to:
(iv) the administrative law judge may section; and
(i) Arrange and change the dates,
require the Board to pay travel expenses (iv) A notice of right of the
times, and places of hearings and complainant to request a hearing. prehearing conferences and to issue
necessary for the complainant to attend
the hearing (2) If the complainant does not file a notice thereof;
(v) The Board shall pay the required notice of appeal or does not request a (ii) Hold conferences to settle, bearing within the times prescribed in simplify, or determine the issues in a
expenses and charges for the
administrative law judge and court paragraph (b)(1) and (1)(1) of this hearing, or to consider other matters
reporter section, the EEO Programs Officer shall that may aid in the expeditious
(vi) All other expenses shall be paid certify that the lotter of findings under disposition of the hearing:
by the parties incurring them. this paragrapb (g) is the final decision (ii) Require parties to state their (5) The administrative law judge shall of the Board at the expiration of those positions in writing with respect to the submit in writing recommended times.
various issues in the hearing and to findings of fact, conclusions of law, and (h) Filing an appeal. (1) Notice of exchange such statements with all other remedies to the complainant and the appeal, with or without a roquest for parties;
EEO Programs Officer within 30 days, hearing. shall be filed by the
(iv) Examine witnesses and direct after the receipt of the hearing complainant with the EEO Programs witnesses to testify:
transcripts, or within 30 days after the Officer within 30 days of receipt from (v) Receive, rule on, exclude, or limit conclusion of the hearing if no the Staff Director for Management of the ovidence;
transcripts are made. This time limit letter of findings required by paragraph (vi) Rule on procedural items pending may be extended with the permission of