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A request for corrective action must be received by the
Director of OARM either:
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Within 60 calendar days of receipt of notification
of termination of an investigation by the Conducting Office (i.e., the
Department of Justice's Office of Professional Responsibility or the
Department of Justice's Office of the Inspector General); or |
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At any time after 120 calendar days from the date you first
notified one of those offices of an alleged reprisal and have not been
notified that either office will seek corrective action. |
Prior to terminating its investigation of your reprisal
complaint, the Conducting Office must provide you with a written status
report containing the factual findings and conclusions justifying its
decision to terminate its investigation. You will have the opportunity
to submit to the Conducting Office written comments to its status report.
Thereafter, the Conducting Office will provide you with a written statement
notifying you of its final decision to terminate its investigation,
a summary of relevant facts ascertained by the Conducting Office, the
reasons for its decision, and a response to any comments to the status
report you may have submitted to the Conducting Office.
You may file a request for corrective action with OARM
anytime after 120 calendar days from the date you first notified either
the Department of Justice’s Office of Professional Responsibility
or the Department of Justice’s Office of the Inspector General
of an alleged reprisal, and have not received notice that either office
will seek corrective action in your case.
A request for corrective action may be filed by mail or
by facsimile. The filing date for a request for corrective action filed
by mail is the date it is postmarked, not the date on which OARM receives
it. The filing date for a request for corrective action that is sent
by facsimile is the date on which it is received by OARM.
To demonstrate that your request for corrective action
is timely filed, you must either:
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Establish that you filed your request for corrective action
within 60 days of the date you received notification of termination
of the investigation by the Conducting Office (the Conducting Office’s
termination letter is not admissible in OARM proceedings without your
consent; you may redact or refrain from submitting all portions other
than the date and the statement identifying the letter as a termination
letter); or |
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Submit a statement attesting to the fact that you did not receive,
within 120 days of reporting an alleged reprisal to either the Department
of Justice’s Office of Professional Responsibility or the Department
of Justice’s Office of the Inspector General, notification that
either office will seek corrective action in your case. |
A request for corrective action filed beyond the required
time limits will be dismissed absent a showing of good cause for the
delay in filing. If you file your request for corrective action beyond
the applicable time limits, your filing must include a written statement
establishing that good cause exists to excuse the delay in filing.
In determining whether you have shown good cause for the
delay in filing, OARM will consider several factors, including: the
length of the delay; the reasonableness of your excuse and your showing
of due diligence or ordinary prudence; whether you are proceeding pro
se (i.e., without representation); and whether you have presented evidence
of the existence of circumstances beyond your control that affected
your ability to comply with the time limits.
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