Page:United States Statutes at Large Volume 105 Part 2.djvu/139

 PUBLIC LAW 102-166—NOV. 21, 1991 105 STAT. 1091 Capitol Police Board for a specific period of time, which shall not count against the time available for counseling or mediation under this title. SEC. 306. STEP II: MEDIATION. 2 USC 1206. (a) IN GENERAL.— Not later than 15 days after the end of the counseling period, the employee may file a request for mediation with the Office. Mediation may include the Office, the employee, and the employing office in a process involving meetings with the parties separately or jointly for the purpose of resolving the dispute between the employee and the employing office. (b) MEDIATION PERIOD. —The mediation period shall be 30 days beginning on the date the request for mediation is received and may be extended for an additional 30 days at the discretion of the Office. The Office shall notify the employee and the head of the employing office when the mediation period has ended. SEC. 307. STEP III: FORMAL COMPLAINT AND HEARING. 2 USC 1207. (a) FORMAL COMPLAINT AND REQUEST FOR HEARING.— Not later than 30 days after receipt by the employee of notice from the Office of the end of the mediation period, the Senate employee may file a formal complaint with the Office. No complaint may be filed unless the employee has made a timely request for counseling and has completed the procedures set forth in sections 305 and 306. (b) HEARING BOARD. — A board of 3 independent hearing officers (referred to in this title as "hearing board"), who are not Senators or officers or employees of the Senate, chosen by the Director (one of whom shall be designated by the Director as the presiding hearing officer) shall be assigned to consider each complaint filed under this section. The Director shall appoint hearing officers after considering any candidates who are recommended to the Director by the Federal Mediation and Conciliation Service, the Administrative Conference of the United States, or organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters. A hearing board shall act by majority vote. (c) DISMISSAL OF FRIVOLOUS CLAIMS.— Prior to a hearing under subsection (d), a hearing board may dismiss any claim that it finds to be frivolous. (d) HEARING.—A hearing shall be conducted— (1) in closed session on the record by a hearing board; (2) no later than 30 days after filing of the complaint under subsection (a), except that the Office may, for good cause, extend up to an additional 60 days the time for conducting a hearing; and (3) except as specifically provided in this title and to the greatest extent practicable, in accordance with the principles and procedures set forth in sections 554 through 557 of title 5, United States Code. (e) DISCOVERY. — Reasonable prehearing discovery may be permitted at the discretion of the hearing board. (f) SUBPOENA.— (1) AUTHORIZATION. — A hearing board may authorize subpoenas, which shall be issued by the presiding hearing officer on behalf of the hearing board, for the attendance of witnesses at proceedings of the hearing board and for the production of correspondence, books, papers, documents, and other records.

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