[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: 10CFR708.34]

[Page 339]
 
                            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. 708.34  What is the process for issuing an appeal decision?

    (a) If there is no appeal of an initial agency decision, and the 
time for filing an appeal has passed, the initial agency decision 
becomes the final agency decision.
    (b) If there is an appeal of an initial agency decision, the OHA 
Director will issue an appeal decision based on the record of 
proceedings by the 60th day after the record is closed.
    (1) An appeal decision issued by the OHA Director 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 OHA Director may rely upon, but is not 
bound by, the report of investigation and the initial agency decision.
    (2) If the OHA Director determines that an act of retaliation has 
occurred, the appeal decision will include an order for any form of 
relief permitted under Sec. 708.36.
    (3) If the OHA Director determines that the contractor charged has 
not committed an act of retaliation, the appeal decision will deny the 
complaint.
    (c) The OHA Director will send an appeal decision to all parties and 
to the Head of Field Element or EC Director having jurisdiction over the 
contract under which you were employed when the alleged retaliation 
occurred.
    (d) The appeal decision issued by the OHA Director is the final 
agency decision unless a party files a petition for Secretarial review 
by the 30th day after receiving the appeal decision.