[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: 10CFR708.21]

[Page 335-336]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
          Subpart C_Investigation, Hearing and Decision Process
 
Sec. 708.21  What are the employee's options if the complaint cannot 
be resolved informally?


    (a) If the attempt at informal resolution is not successful, the 
Head of Field Element or EC Director (as applicable) will notify you in 
writing that you have the following options:
    (1) Request that your complaint be referred to the Office of 
Hearings and Appeals for a hearing without an investigation; or
    (2) Request that your complaint be referred to the Office of 
Hearings and Appeals for an investigation followed by a hearing.
    (b) You must notify the Head of Field Element or EC Director (as 
applicable), in writing, by the 20th day after receiving notice of your 
options, whether you request referral of your complaint to the Office of 
Hearings and Appeals for a hearing without an investigation, or an 
investigation followed by a hearing.
    (c) If the Head of Field Element or EC Director does not receive 
your response to the notice of options by the 20th day after your 
receipt of that notice, DOE will consider your complaint withdrawn.
    (d) If you timely request referral to the Office of Hearings and 
Appeals, the Head of Field Element or EC Director

[[Page 336]]

(as applicable) will forward your complaint to the OHA Director by the 
5th day after receipt of your request.
    (e) The Head of the Field Element or EC Director (as applicable) 
will notify all parties that the complaint has been referred to the 
Office of Hearings and Appeals, and state whether you have requested a 
hearing without an investigation or requested an investigation followed 
by a hearing.