Advisory Opinions

The U.S. Office of Special Counsel (OSC) is authorized pursuant to 5 U.S.C. § 1212(f) to issue advisory opinions under the Hatch Act. OSC issues advisory opinions to persons seeking advice about political activity under the Hatch Act. You may request such advice by phone, fax, mail or e-mail.

Hatch Act Unit
U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
Tel: (800) 85-HATCH or (800) 854-2824
(202) 254-3650
Fax: (202) 254-3700

E-mail: hatchact@osc.gov

How to File a Complaint Alleging a Violation of the Hatch Act

OSC is also authorized to investigate violations of the Hatch Act. 5 U.S.C. § 1216 (a)(2). If OSC charges an employee with a violation of the Hatch Act, those charges are adjudicated before the Merit Systems Protection Board. 5 U.S.C. §§ 1504 – 1508; 7321 – 7326. Filers alleging a violation of the Hatch Act may use Form OSC-13 (Complaint of Possible Prohibited Political Activity) to submit their allegation to OSC. Form OSC-13 can be printed from this Website. Filers can complete the form online or by hand after printing the form. Once the form is completed it should be mailed or faxed (202-254-3700) to OSC. If filers use another format to submit a Hatch Act violation, the following information should be included:

• name, mailing address, and telephone number of the complainant, and a time when the complainant can be safely contacted, unless the matter is submitted anonymously;


• the department or agency, location, and organizational unit complained of; and


• a concise description of the actions complained about; names and positions of employees who took these actions, if known to the complainant; and dates, preferably in chronological order, together with any documentary evidence the complainant may have.

Complaints should be sent to:

Hatch Act Unit
U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, DC 20036-4505.

Enforcement

After investigating an alleged Hatch Act violation, OSC may seek disciplinary action against an employee before the Merit Systems Protection Board. When violations are not sufficiently egregious to warrant prosecution, OSC may issue a warning letter to the employee involved.