Appendix A to Part 1122 - Informal Procedure Relating to Recommendations and Summary of Findings From the Board-Initiated Investigation
49:8.1.1.2.51.0.7.14.3 : Appendix A
Appendix A to Part 1122 - Informal Procedure Relating to
Recommendations and Summary of Findings From the Board-Initiated
Investigation
(a) After conducting sufficient investigation and prior to
submitting recommendations and a summary of findings to the Board,
the Investigating Officer, in his or her discretion, may inform the
parties under investigation (orally or in writing) of the proposed
recommendations and summary of findings that may be submitted to
the Board. If the Investigating Officer so chooses, he or she shall
also advise the parties under investigation that they may submit a
written statement, as explained below, to the Investigating Officer
prior to the consideration by the Board of the recommendations and
summary of findings. This optional process is in addition to, and
does not limit in any way, the rights of parties under
investigation otherwise provided for in this part.
(b) Unless otherwise provided for by the Investigating Officer,
parties under investigation may submit a written statement, as
described above, within 14 days after of being informed by the
Investigating Officer of the proposed recommendation(s) and summary
of findings. Such statements shall be no more than 20 pages, not
including any supporting data, evidence, and verified statements
that may be attached to the written statement, double spaced on 8
1/2 by 11 inch paper, setting forth the views of the parties under
investigation of factual or legal matters or other arguments
relevant to the commencement of a Formal Board Proceeding. Any
statement of fact included in the submission must be sworn to by a
person with personal knowledge of such fact.
(c) Such written statements, if the parties under investigation
choose to submit, shall be submitted to the Investigating Officer.
The Investigating Officer shall provide any written statement(s)
from the parties under investigation to the Board at the same time
that he or she submits his or her recommendations and summary of
findings to the Board.