(a) If the district director determines that the employee has been
discharged or suffered discrimination and is able to resume his or her
duties, the district director will recommend that the employer reinstate
the employee and/or make such restitution as is indicated by the
circumstances of the case, including compensation for any wage loss
suffered as the result of the discharge or discrimination. The district
director may also assess the employer an appropriate penalty, as
determined under authority vested in the district director by the Act.
If the district director determines that no violation occurred he shall
notify the partries of his findings and the reasons for recommending
that the complaint be denied. If the employer and employee accept the
district director's recommendation, it will be incorporated in an order
and mailed to each party within 10 days.
(b) If the parties do not agree to the recommendation, the district
director shall, within 10 days after receipt of the rejection, prepare a
memorandum summarizing the disagreement, mail a copy to all interested
parties, and shall within 14 days thereafter refer the case to the
Office of the Chief Administrative Law Judge for hearing pursuant to
Sec. 702.317.
[42 FR 45302, Sept. 9, 1977]
