Sec. 104. Hearings
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/bill/115/s/2952/cps/section-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 405 ( 2 U.S.C. 1405 ) is amended as follows: In the heading, by striking . Complaint and By amending subsection
(a)to read as follows: If a covered employee elects to file a request for a hearing under this section by the deadline described in paragraph (2), the Executive Director shall appoint an independent hearing officer pursuant to subsection
(c)to consider the claim and render a decision, and a hearing shall be commenced in the Office. The deadline described in this paragraph shall be 90 days after the later of— the date on which either party opts out of mediation under section 402(c); or the end of the period of mediation under section 403(c). Notwithstanding paragraph (1), if the covered employee files a civil action as provided in section 408 with respect to a complaint, the provisions of section 401(b)(3)(B) shall apply with regard to a hearing under this section. . In subsection (b), by striking dismiss any claim and inserting dismiss any cause of action within a claim . In subsection (c)(1), by striking Upon the filing of a complaint and inserting Upon receipt of a request for a hearing in accordance with subsection
(a). In subsection (d), in the matter preceding paragraph (1), by striking complaint and inserting claim . In subsection (g), by striking complaint and inserting claim . Section 405(d) ( 2 U.S.C. 1405(d) ), as amended by subsection (a), is further amended by striking paragraph
(2)and inserting the following: commenced no later than 90 days after the Executive Director receives a request filed under subsection (a), except that, upon mutual agreement of the parties or for good cause, the Office shall extend the time for commencing a hearing for not more than an additional 30 days; and . The heading of section 414 ( 2 U.S.C. 1414 ) is amended by striking . of complaints The table of contents, as amended by section 101(d), is further amended as follows: By amending the item relating to section 405 to read as follows: Sec. 405. Hearing. . By amending the item relating to section 414 to read as follows: Sec. 414. Settlement. .
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