[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR268.107]

[Page 805-806]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 268--RULES REGARDING EQUAL OPPORTUNITY--Table of Contents
 
          Subpart B--Board Program to Promote Equal Opportunity
 
Sec. 268.107  Investigation of complaints.

    (a) The investigation of complaints filed against the Board shall be 
conducted by the Board.
    (b) In accordance with instructions contained in Commission 
Management Directives, the Board shall develop an impartial and 
appropriate factual record upon which to make findings on the claims 
raised by the written complaint. An appropriate factual record is one 
that allows a reasonable fact finder to draw conclusions as to whether 
discrimination occurred. The Board may use an exchange of letters or 
memoranda, interrogatories, investigations, fact-finding conferences or 
any other fact-finding methods that efficiently and thoroughly address 
the matters at issue. The Board may incorporate alternative dispute 
resolution techniques into its investigative efforts in order to promote 
early resolution of complaints.
    (c) The procedures in paragraphs (c)(1) through (3) of this section 
apply to the investigation of complaints:
    (1) The complainant, the Board, and any employee of the Board shall 
produce such documentary and testimonial evidence as the investigator 
deems necessary.
    (2) Investigators are authorized to administer oaths. Statements of 
witnesses shall be made under oath or affirmation or, alternatively, by 
written statement under penalty of perjury.
    (3) When the complainant, or the Board or its employees fail without 
good cause shown to respond fully and in timely fashion to requests for 
documents, records, comparative data, statistics, affidavits or the 
attendance of witness(es), the investigator may note in the 
investigative record that the decisionmaker should, or the Commission on 
appeal may, in appropriate circumstances:
    (i) Draw an adverse inference that the requested information, or the 
testimony of the requested witness, would

[[Page 806]]

have reflected unfavorably on the party refusing to provide the 
requested information;
    (ii) Consider the matters to which the requested information or 
testimony pertains to be established in favor of the opposing party;
    (iii) Exclude other evidence offered by the party failing to produce 
the requested information or witness;
    (iv) Issue a decision fully or partially in favor of the opposing 
party; or
    (v) Take such other actions as it deems appropriate.
    (d) Any investigation will be conducted by investigators with 
appropriate security clearances.
    (e)(1) The Board shall complete its investigation within 180 days of 
the date of filing of an individual complaint or within the time period 
contained in an order from the Office of Federal Operations on an appeal 
from a dismissal pursuant to Sec. 268.106. By written agreement within 
those time periods, the complainant and the Board may voluntarily extend 
the time period for not more than an additional 90 days. The Board may 
unilaterally extend the time period or any period of extension for not 
more than 30 days where it must sanitize a complaint file that may 
contain information classified pursuant to Executive Order No. 12356, or 
successor orders, as secret in the interest of national defense or 
foreign policy, provided the Board notifies the complainant of the 
extension.
    (2) Confidential supervisory information, as defined in 12 CFR 
261.2(c), and other confidential information of the Board may be 
included in the investigative file by the investigator, the EEO Programs 
Director, or another appropriate officer of the Board, where such 
information is relevant to the complaint. Neither the complainant nor 
the complainant's personal representative may make further disclosure of 
such information, however, except in compliance with the Board's Rules 
Regarding Availability of Information, 12 CFR part 261, and where 
applicable, the Board's Rules Regarding Access to Personal Information 
under the Privacy Act of 1974, 12 CFR part 261a.
    (f) Within 180 days from the filing of the complaint, or where a 
complaint was amended, within the earlier of 180 days after the last 
amendment to the complaint or 360 days after the filing of the original 
complaint, within the time period contained in an order from the Office 
of Federal Operations on an appeal from a dismissal, or within any 
period of extension provided for in paragraph (e) of this section, the 
Board shall provide the complainant with a copy of the investigative 
file, and shall notify the complainant that, within 30 days of receipt 
of the investigative file, the complainant has the right to request a 
hearing and decision from an administrative judge or may request an 
immediate final decision pursuant to Sec. 268.109(b) from the Board.
    (g) Where the complainant has received the notice required in 
paragraph (f) of this section or at any time after 180 days have elapsed 
from the filing of the complaint, the complainant may request a hearing 
by submitting a written request for a hearing directly to the EEOC 
office indicated in the Board's acknowledgment letter. The complainant 
shall send a copy of the request for a hearing to the Board's EEO 
Programs Office. Within 15 days of receipt of the request for a hearing, 
the Board's EEO Programs Office shall provide a copy of the complaint 
file to EEOC and, if not previously provided, to the complainant.