§1402a Preliminary review of claims

Summary

The Executive Director must pick a hearing officer within 7 days after a claim is sent to the employing office. The appointment must follow the same process and rules used under section 1405(c). The hearing officer will do a quick review to check: whether the person who filed is an eligible employee, whether the office named is the right employing office, whether the claim was filed on time, what the main facts and legal questions are, what relief the person wants, whether the claim (if true) could win relief, and whether the claim might be settled instead of going to a formal hearing or court. The hearing officer must send a written report to the person and the named office within 30 days after the claim is filed under section 1402. The officer may take one extra period of up to 30 days if both sides are told. If the report says the person is not eligible or has not stated a claim that could get relief, the person cannot get a formal hearing and will be given written notice that they may file a civil action under section 1408. If the claim accuses a Member of the House (including a Delegate or Resident Commissioner) or a Senator of the act in section 1415(d)(1)(A), the hearing officer must also send the report to the House Committee on Ethics or the Senate Select Committee on Ethics, as appropriate.