§ 708.31 - Procedure for issuing an initial agency decision.

§ 708.31 If no hearing is conducted, what is the process Procedure for issuing an initial agency decision?.

(a) If no party wants a hearing after the issuance of a report of investigation, the The Administrative Judge will issue an serve the initial agency decision by the 60th day after the hearing is canceled pursuant to § 708.24. The standards in § 708.30, governing the issuance of an initial agency decision, apply on all parties.

(b) 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. (b) The Administrative Judge will serve the initial agency decision on all partiesIn making such findings, the Administrative Judge may rely upon, but is not bound by, the report of investigation.

(c) 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 does not determine that an act of retaliation has occurred, the initial agency decision will state that the complaint is denied.