View all text of Subchapter IV [§ 1401 - § 1417]
§ 1405. Hearing
(a) Requirement for hearings to commence in Office
(1) Hearing required upon request
(2) Exceptions
Paragraph (1) does not apply with respect to the claim if—
(A) the hearing officer’s report on the preliminary review of the claim under section 1402a(c) of this title includes the determination that the individual filing the claim is not a covered employee who has stated a claim for which relief may be granted under this title (as described in section 1402a(d) of this title); or
(B) the covered employee files a civil action as provided in section 1408 of this title with respect to the claim.
(b) Dismissal
(c) Hearing officer
(1) Appointment
(2) Lists
The Executive Director shall develop master lists, composed of—
(A) members of the bar of a State or the District of Columbia and retired judges of the United States courts who are experienced in adjudicating or arbitrating the kinds of personnel and other matters for which hearings may be held under this chapter, and
(B) individuals expert in technical matters relating to accessibility and usability by persons with disabilities or technical matters relating to occupational safety and health.
In developing lists, the Executive Director shall consider candidates recommended by the Federal Mediation and Conciliation Service or the Administrative Conference of the United States.
(3) Prohibiting hearing officer conducting preliminary review from conducting hearing
(d) Hearing
Unless a claim is dismissed before a hearing, a hearing shall be—
(1) conducted in closed session on the record by the hearing officer;
(2) commenced no later than 90 days after the Executive Director receives the covered employee’s request for the hearing 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
(3) conducted, except as specifically provided in this chapter and to the greatest extent practicable, in accordance with the principles and procedures set forth in sections 554 through 557 of title 5.
(e) Discovery
(f) Subpoenas
(1) In general
(2) Objections
(3) Enforcement
(A) In general
(B) Service of process
(g) Decision
(h) Precedents
(Pub. L. 104–1, title IV, § 405, Jan. 23, 1995, 109 Stat. 33; Pub. L. 115–397, title I, § 103(b)–(e), Dec. 21, 2018, 132 Stat. 5304, 5305.)