Accordingly, we ordered the parties to show cause no later than November 24, 2006, why the Board should not dismiss the appeals filed by the Complainant and Petitioners pursuant to 29 C.F.R. § 1980.114.
[Page 3]
Neither party responded to the Board's Order. Therefore, because Bulls has opted to pursue his SOX complaint in district court rather than at the Board, we DISMISS his appeal.
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
DAVID G. DYE
Administrative Appeals Judge
[ENDNOTES]
1 18 U.S.C.A. § 1514A (West Supp. 2003).
2 29 C.F.R. Part 1980 (2006).
3 Title VIII of Sarbanes-Oxley is designated the Corporate and Criminal Fraud Accountability Act of 2002. Section 806 covers companies with a class of securities registered under section 12 of the Securities Exchange Act of 1934, 15 U.S.C § 78l, and companies required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 780(d)), or any officer, employee, contractor, subcontractor, or agent of such companies. Section 806 protects employees who provide information to a covered employer or a Federal agency or Congress relating to alleged violations of 18 U.S.C. 1341, 1343, 1344, or 1348, or any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders. In addition, employees are protected against discrimination when they have filed, testified in, participated in, or otherwise assisted in a proceeding filed or about to be filed against one of the above companies relating to any such violation or alleged violation. 68 FR 31864 (May 28, 2003).
4 R. D. & O. at 6.
5 Id. at 6-13.
6 Secretary's Order No. 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002); 29 C.F.R. § 1980.110(a)(2006).
7 18 U.S.C.A. § 1514A(b)(1)(B); 29 C.F.R. § 1980.114. As is usually the case, the 180-day period for deciding the case had expired before the Complainant filed his petition with the Board.