Page:United States Statutes at Large Volume 124.djvu/2058

 124 STAT. 2032 PUBLIC LAW 111–203—JULY 21, 2010 rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the Bureau. (b) DEFINITION OF COVERED EMPLOYEE.—For the purposes of this section, the term ‘‘covered employee’’ means any individual performing tasks related to the offering or provision of a consumer financial product or service. (c) PROCEDURES AND TIMETABLES.— (1) COMPLAINT.— (A) IN GENERAL.—A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such alleged violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination and identifying the person responsible for such act. (B) ACTIONS OF SECRETARY OF LABOR.—Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing, the person named in the complaint who is alleged to have committed the violation, of— (i) the filing of the complaint; (ii) the allegations contained in the complaint; (iii) the substance of evidence supporting the com- plaint; and (iv) opportunities that will be afforded to such person under paragraph (2). (2) INVESTIGATION BY SECRETARY OF LABOR.— (A) IN GENERAL.—Not later than 60 days after the date of receipt of a complaint filed under paragraph (1), and after affording the complainant and the person named in the complaint who is alleged to have committed the violation that is the basis for the complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a rep- resentative of the Secretary of Labor to present statements from witnesses, the Secretary of Labor shall— (i) initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit; and (ii) notify the complainant and the person alleged to have committed the violation of subsection (a), in writing, of such determination. (B) NOTICE OF RELIEF AVAILABLE.—If the Secretary of Labor concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary of Labor shall, together with the notice under subparagraph (A)(ii), issue a preliminary order providing the relief pre- scribed by paragraph (4)(B). (C) REQUEST FOR HEARING.—Not later than 30 days after the date of receipt of notification of a determination of the Secretary of Labor under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or prelimi- nary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously, and Order. Notification. Determination. Notification. Deadlines.