§1402a Preliminary Review of Claims

Summary

When a claim is sent to the employing office, the Executive Director must pick a hearing officer within 7 days. The officer is chosen the same way other hearing officers are picked. The officer will look over the claim and check whether the person is a covered employee, whether the office is the right employing office, whether filing deadlines were met, what the facts and legal issues are, what relief the person wants, whether the claim could win if the facts are true, and whether the claim might be settled without a formal hearing or a court case. The hearing officer must send a written report to the person and the office within 30 days of the claim. The report must say if the person is covered and has a claim that could get relief. The officer can take one extra 30 days if they give notice. If the report says the person is not covered or has not stated a valid claim, the person cannot get a formal hearing but will be told they may file a civil lawsuit. If the claim accuses a Member of Congress of certain ethics violations, the officer must also send the report to the House or Senate ethics committee that handles that Member.