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§ 708.30 - What process does the Administrative Judge follow to issue an initial agency decision?

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The Administrative Judge will issue an initial agency decision on your complaint by the 60th day after the later of:

The date the Administrative Judge approves the parties' agreement to cancel the hearing;

The date the Administrative Judge receives the transcript of the hearing; or

The date the Administrative Judge receives post-hearing submissions permitted under § 708.28(b)(7) of this subpart.

The Administrative Judge will serve the initial agency decision on all parties.

An initial agency decision issued by the Administrative Judge 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 Administrative Judge may rely upon, but is not bound by, the report of investigation.

If the Administrative Judge determines that an act of retaliation has occurred, the initial agency decision will include an order for any form of relief permitted under § 708.36.

If the Administrative Judge determines that an act of retaliation has not occurred, the initial agency decision will state that the complaint is denied.

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§ 708.29 - What must the parties to a complaint prove?
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§ 708.31 - If no hearing is conducted, what is the process for issuing an initial agency decision?