[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: 10CFR708.22]

[Page 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. 708.22  What process does the Office of Hearings and Appeals 
use to conduct an investigation of the complaint?

    (a) If you request a hearing without an investigation, the OHA 
Director will not initiate an investigation even if another party 
requests one.
    (b) If you request an investigation followed by a hearing, the OHA 
Director will appoint a person from the Office of Hearings and Appeals 
to conduct the investigation. The investigator may not participate or 
advise in the initial or final agency decision on your complaint.
    (c) The investigator will determine the appropriate scope of 
investigation based on the circumstances of the complaint. The 
investigator may enter and inspect places and records; make copies of 
records; interview persons alleged to have been involved in retaliation 
and other employees of the charged contractor who may have relevant 
information; take sworn statements; and require the production of any 
documents or other evidence.
    (d) A contractor must cooperate fully with the investigator by 
making employees and all pertinent evidence available upon request.
    (e) A person being interviewed in an investigation has the right to 
be represented by a person of his or her choosing.
    (f) Parties to the complaint are not entitled to be present at 
interviews conducted by an investigator.
    (g) If a person other than the complainant requests that his or her 
identity be kept confidential, the investigator may grant 
confidentiality, but must advise such person that confidentiality means 
that the Office of Hearings and Appeals will not identify the person as 
a source of information to anyone outside the Office of Hearings and 
Appeals, except as required by statute or other law, or as determined by 
the OHA Director to be unavoidable.