Investigation of complaints.

CFR · 2024-01-01 · US · Title 10

(a) The OHA Director will appoint a person to conduct an investigation. The investigator may not participate or advise in any proceedings in the case subsequent to the investigation's completion. (b) 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 (c) All parties must cooperate fully with the investigator by making all pertinent evidence available. The contractor must make employees available upon request. (d) A person being interviewed in an investigation has the right to be represented by a person of his choosing. (e) Parties to the complaint are not entitled to be present at interviews conducted by an investigator. (f) If a person other than the complainant requests that his 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. (g) At any point during the investigation, the investigator may request that the OHA Director appoint an Administrative Judge to whom the complaint will be referred for a decision on whether dismissal is appropriate. The investigator will serve the part

official document · source cfr-2024 · id 10:§ 708.22