[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: 29CFR1614.605]

[Page 285]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
               Subpart F--Matters of General Applicability
 
Sec. 1614.605  Representation and official time.

    (a) At any stage in the processing of a complaint, including the 
counseling stage Sec. 1614.105, the complainant shall have the right to 
be accompanied, represented, and advised by a representative of 
complainant's choice.
    (b) If the complainant is an employee of the agency, he or she shall 
have a reasonable amount of official time, if otherwise on duty, to 
prepare the complaint and to respond to agency and EEOC requests for 
information. If the complainant is an employee of the agency and he 
designates another employee of the agency as his or her representative, 
the representative shall have a reasonable amount of official time, if 
otherwise on duty, to prepare the complaint and respond to agency and 
EEOC requests for information. The agency is not obligated to change 
work schedules, incur overtime wages, or pay travel expenses to 
facilitate the choice of a specific representative or to allow the 
complainant and representative to confer. The complainant and 
representative, if employed by the agency and otherwise in a pay status, 
shall be on official time, regardless of their tour of duty, when their 
presence is authorized or required by the agency or the Commission 
during the investigation, informal adjustment, or hearing on the 
complaint.
    (c) In cases where the representation of a complainant or agency 
would conflict with the official or collateral duties of the 
representative, the Commission or the agency may, after giving the 
representative an opportunity to respond, disqualify the representative.
    (d) Unless the complainant states otherwise in writing, after the 
agency has received written notice of the name, address and telephone 
number of a representative for the complainant, all official 
correspondence shall be with the representative with copies to the 
complainant. When the complainant designates an attorney as 
representative, service of all official correspondence shall be made on 
the attorney and the complainant, but time frames for receipt of 
materials shall be computed from the time of receipt by the attorney. 
The complainant must serve all official correspondence on the designated 
representative of the agency.
    (e) The Complainant shall at all times be responsible for proceeding 
with the complaint whether or not he or she has designated a 
representative.
    (f) Witnesses who are Federal employees, regardless of their tour of 
duty and regardless of whether they are employed by the respondent 
agency or some other Federal agency, shall be in a duty status when 
their presence is authorized or required by Commission or agency 
officials in connection with a complaint.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37661, July 12, 1999]