[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: 10CFR708.30]

[Page 338]
 
                            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. 708.30  What process does the Hearing Officer follow to issue an 
initial agency decision?

    (a) The Hearing Officer will issue an initial agency decision on 
your complaint by the 60th day after the later of:
    (1) The date the Hearing Officer approves the parties' agreement to 
cancel the hearing;
    (2) The date the Hearing Officer receives the transcript of the 
hearing; or
    (3) The date the Hearing Officer receives post-hearing submissions 
permitted under Sec. 708.28(b)(7) of this subpart.
    (b) The Hearing Officer will serve the initial agency decision on 
all parties.
    (c) An initial agency decision issued by the Hearing Officer will 
contain appropriate findings, conclusions, an order, and the factual 
basis for each finding, whether or not a hearing has been held on the 
complaint. In making such findings, the Hearing Officer may rely upon, 
but is not bound by, the report of investigation.
    (d) If the Hearing Officer determines that an act of retaliation has 
occurred, the initial agency decision will include an order for any form 
of relief permitted under Sec. 708.36.
    (e) If the Hearing Officer determines that an act of retaliation has 
not occurred, the initial agency decision will state that the complaint 
is denied.