Investigation of complaints.

CFR · 2024-01-01 · US · Title 12

(a) The investigation of complaints filed against the Board shall be conducted by the Board. (b) In accordance with instructions contained in Commission Management Directives, the Board shall develop an impartial and appropriate factual record upon which to make findings on the claims raised by the written complaint. An appropriate factual record is one that allows a reasonable fact finder to draw conclusions as to whether discrimination occurred. The Board may use an exchange of letters or memoranda, interrogatories, investigations, fact-finding conferences or any other fact-finding methods that efficiently and thoroughly address the matters at issue. The Board may incorporate alternative dispute resolution techniques into its investigative efforts in order to promote early resolution of complaints. (c) The procedures in paragraphs (c)(1) through (3) of this section apply to the investigation of complaints: (1) The complainant, the Board, and any employee of the Board shall produce such documentary and testimonial evidence as the investigator deems necessary. (2) Investigators are authorized to administer oaths. Statements of witnesses shall be made under oath or affirmation or, alternatively, by written statement under penalty of perjury. (3) When the complainant, or the Board or its employees fail without good cause shown to respond fully and (i) Draw an adverse inference that the requested information, or the testimony of the requested witness, would have reflected unfavo

official document · source cfr-2024 · id 12:§ 268.107