1.01 Scope and Policy.

These Rules of the Office of Congressional Workplace Rights (OCWR) govern the procedures for considering and resolving alleged violations of the laws made applicable under parts A, B, C, and D of title II of the Congressional Accountability Act of 1995, as amended by the Congressional Accountability Act of 1995 Reform Act of 2018. The Rules include definitions and procedures for seeking confidential advice, preliminary review, mediation, filing a claim or complaint, and electing between filing a claim with the OCWR and filing a civil action in a United States district court under part A of title II of the CAA. The Rules also address the procedures for compliance, investigation, and enforcement under part B of title II, and for compliance, investigation, enforcement, and variance under part C of title II. The Rules include procedures for the conduct of hearings held as a result of the filing of a claim or complaint and for appeals to the OCWR Board of Directors from Merits Hearing Officers’ decisions; as well as other matters of general applicability to the dispute resolution process and to the OCWR’s operations. It is the OCWR’s policy that these Rules shall be applied with due regard to the rights of all parties and in a manner that expedites the resolution of disputes.

1.02 Definitions.

Except as otherwise specifically provided, the following are the definitions of terms used in these Rules:

  1. Act.—The term “Act” means the Congressional Accountability Act of 1995, as amended by the Congressional Accountability Act of 1995 Reform Act of 2018.
  2. Board.—The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights.
  3. Chair. —The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
  4. Claim.— The term “claim” means the allegations of fact that the claimant contends constitute a violation of part A of title II of the Act, which includes sections 102(c) and 201-207 of the Act.

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CATEGORIES: Procedural Rules