[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.108]

[Page 263-264]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
    Subpart A--Agency Program To Promote Equal Employment Opportunity
 
Sec. 1614.108  Investigation of complaints.

    (a) The investigation of complaints shall be conducted by the agency 
against which the complaint has been filed.
    (b) In accordance with instructions contained in Commission 
Management Directives, the agency 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. Agencies 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. Agencies are encouraged to incorporate alternative 
dispute resolution techniques into their investigative efforts in order 
to promote early resolution of complaints.
    (c) The procedures in paragraphs (c) (1) through (3) of this section 
apply to the investigation of complaints:
    (1) The complainant, the agency, and any employee of a Federal 
agency 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 agency against which a complaint is 
filed, 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 decisionmaker 
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.
    (d) Any investigation will be conducted by investigators with 
appropriate security clearances. The Commission will, upon request, 
supply the agency with the name of an investigator with appropriate 
security clearances.
    (e) The agency 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 Sec. 1614.107. By written agreement within 
those time periods, the complainant and the respondent agency may 
voluntarily extend the time period for not more than an additional 90 
days. The agency 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 Exec. 
Order No. 12356,

[[Page 264]]

or successor orders, as secret in the interest of national defense or 
foreign policy, provided the investigating agency notifies the parties 
of the extension.
    (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 
agency 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 Sec. 1614.110 from the agency with 
which the complaint was filed.
    (g) 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 agency's acknowledgment letter. The complainant 
shall send a copy of the request for a hearing to the agency EEO office. 
Within 15 days of receipt of the request for a hearing, the agency shall 
provide a copy of the complaint file to EEOC and, if not previously 
provided, to the complainant.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999]