5 CFR 1810.3 – Termination of certain OSC investigations
(a) Pursuant to 5 U.S.C. § 1214(a)(6), within 30 days of receiving a complaint alleging that a prohibited personnel practice occurred, OSC may terminate an investigation of the allegation without further inquiry if:
Terms Used In 5 CFR 1810.3
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(1) The same allegation, based on the same set of facts and circumstances, had previously been:
(i) Made by the individual and investigated by OSC; or
(ii) Filed by the individual with the Merit Systems Protection Board;
(2) OSC does not have jurisdiction to investigate the allegation; or
(3) The individual knew or should have known of the alleged prohibited personnel practice more than 3 years before the allegation was received by OSC.
(b) Within 30 days of terminating an investigation described in paragraph (a), OSC shall notify the individual, in writing, of the basis for terminating the investigation.