[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: 10CFR708.18]

[Page 334-335]
 
                            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. 708.18  How can an employee appeal dismissal of a complaint for 
lack of jurisdiction or other good cause?

    (a) If your complaint is dismissed by the Head of Field Element or 
EC Director, the administrative process is terminated unless you appeal 
the dismissal to the OHA Director by the 10th day after you receive the 
notice of dismissal as evidenced by a receipt for delivery of certified 
mail.
    (b) If you appeal a dismissal to the OHA Director, you must send 
copies of your appeal to the Head of Field Element or EC Director (as 
applicable) and all parties. Your appeal must include a copy of the 
notice of dismissal, and state the reasons why you think the dismissal 
was erroneous.

[[Page 335]]

    (c) The OHA Director will issue a decision on your appeal and notify 
the parties of the decision by the 30th day after it is received.
    (d) The OHA Director's decision, either upholding the dismissal by 
the Head of Field Element or EC Director or ordering further processing 
of your complaint, is the final decision on your appeal, unless a party 
files a petition for Secretarial review by the 30th day after receiving 
the appeal decision.