[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR708.17]

[Page 334]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
             Subpart B_Employee Complaint Resolution Process
 
Sec. 708.17  When may DOE dismiss a complaint for lack of jurisdiction 
or other good cause?

    (a) The Head of Field Element or EC Director (as applicable) may 
dismiss your complaint for lack of jurisdiction or for other good cause 
after receiving your complaint, either on his or her own initiative or 
at the request of a party named in your complaint. Such decisions are 
generally issued by the 15th day after the receipt of your employer's 
comments.
    (b) The Head of Field Element or EC Director (as applicable) will 
notify you by certified mail, return receipt requested, if your 
complaint is dismissed for lack of jurisdiction or other good cause, and 
give you specific reasons for the dismissal, and will notify other 
parties of the dismissal.
    (c) Dismissal for lack of jurisdiction or other good cause is 
appropriate if:
    (1) Your complaint is untimely; or
    (2) The facts, as alleged in your complaint, do not present issues 
for which relief can be granted under this part; or
    (3) You filed a complaint under State or other applicable law with 
respect to the same facts as alleged in a complaint under this part; or
    (4) Your complaint is frivolous or without merit on its face; or
    (5) The issues presented in your complaint have been rendered moot 
by subsequent events or substantially resolved; or
    (6) Your employer has made a formal offer to provide the remedy that 
you request in your complaint or a remedy that DOE considers to be 
equivalent to what could be provided as a remedy under this part.