Page:United States Statutes at Large Volume 100 Part 4.djvu/1030

 100 STAT. 3376

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PUBLIC LAW 99-603—NOV. 6, 1986 Immigration-Related Unfair Employment Practices (hereinafter . in this section referred to as the 'Special Counsel') within the Department of Justice to serve for a term of four years. In the case of a vacancy in the office of the Special Counsel the President may designate the officer or employee who shall act as Special Counsel during such vacancy. "(2) DUTIES.—The Special Counsel shall be responsible for investigation of charges and issuance of complaints under this section and in respect of the prosecution of all such complaints -' before administrative law judges and the exercise of certain functions under subsection OKI)"(3) COMPENSATION.—The Special Counsel is entitled to receive compensation at a rate not to exceed the rate now or hereafter provided for grade GS-17 of the General Schedule, under section 5332 of title 5, United States Code. "(4) REGIONAL OFFICES.—The Special Counsel, in accordance with regulations of the Attorney General, shall establish such regional offices as may be necessary to carry out his duties. "(d) INVESTIGATION OF CHARGES.— "(1) BY SPECIAL COUNSEL.—The

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Special Counsel shall investigate each charge received and, within 120 days of the date of the receipt of the charge, determine whether or not there is reasonable cause to believe that the charge is true and whether or not to bring a complaint with respect to the charge before an administrative law judge. The Special Counsel may, on his own initiative, conduct investigations respecting unfair immigrationrelated employment practices and, based on such an investigation and subject to paragraph (3), file a complaint before such a judge. "(2) PRIVATE ACTIONS.—If the Special Counsel, after receiving such a charge respecting an unfair immigration-related employment practice which alleges knowing and intentional discriminatory activity or a pattern or practice of discriminatory activity, has not filed a complaint before an administrative law judge with respect to such charge within such 120-day period, the person making the charge may (subject to paragraph (3)) file a complaint directly before such a judge. "(3) TIME LIMITATIONS ON COMPLAINTS.—No complaint may

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filed respecting any unfair immigration-related employment practice occurring more than 180 days prior to the date of the filing of the charge with the Special Counsel. This subparagraph shall not prevent the subsequent amending of a charge or complaint under subsection (e)(1). "(e) HEARINGS.—

"(1) NOTICE.—Whenever a complaint is made that a person or ^.. i,:.^j, entity has engaged in or is engaging in any such unfair immigration-related employment practice, an administrative law judge shall have power to issue and cause to be served upon such person or entity a copy of the complaint and a notice of hearing before the judge at a place therein fixed, not less than five days after the serving of the complaint. Any such complaint may be amended by the judge conducting the hearing, upon the motion of the party filing the complaint, in the judge's discretion at any time prior to the issuance of an order based thereon. V J.^,; j,.^,<|,» The person or entity so complained of shall have the right to file '' '" * '^1 an answer to the original or amended complaint and to appear

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