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9534

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
agreements and final decisione
appropriate, rather than under this

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,
or to three years if the violation is

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

953.5

hall agree

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

9536

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.

(4)

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

9537

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

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