[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2423.20]

[Page 393]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2423--UNFAIR LABOR PRACTICE PROCEEDINGS--Table of Contents
 
            Subpart B--Post Complaint, Prehearing Procedures
 
Sec. 2423.20  Issuance and contents of the complaint; answer to the complaint; amendments; role of Office of Administrative Law Judges.


    (a) Complaint. Whenever formal proceedings are deemed necessary, the 
Regional Director shall file and serve, in accordance with Sec. 2429.12 
of this subchapter, a complaint with the Office of Administrative Law 
Judges. The decision to issue a complaint shall not be subject to 
review. Any complaint may be withdrawn by the Regional Director prior to 
the hearing. The complaint shall set forth:
    (1) Notice of the charge;
    (2) The basis for jurisdiction;
    (3) The facts alleged to constitute an unfair labor practice;
    (4) The particular sections of 5 U.S.C., chapter 71 and the rules 
and regulations involved;
    (5) Notice of the date, time, and place that a hearing will take 
place before an Administrative Law Judge; and
    (6) A brief statement explaining the nature of the hearing.
    (b) Answer. Within 20 days after the date of service of the 
complaint, but in any event, prior to the beginning of the hearing, the 
Respondent shall file and serve, in accordance with part 2429 of this 
subchapter, an answer with the Office of Administrative Law Judges. The 
answer shall admit, deny, or explain each allegation of the complaint. 
If the Respondent has no knowledge of an allegation or insufficient 
information as to its truthfulness, the answer shall so state. Absent a 
showing of good cause to the contrary, failure to file an answer or 
respond to any allegation shall constitute an admission. Motions to 
extend the filing deadline shall be filed in accordance with 
Sec. 2423.21.
    (c) Amendments. The Regional Director may amend the complaint at any 
time before the answer is filed. The Respondent then has 20 days from 
the date of service of the amended complaint to file an answer with the 
Office of Administrative Law Judges. Prior to the beginning of the 
hearing, the answer may be amended by the Respondent within 20 days 
after the answer is filed. Thereafter, any requests to amend the 
complaint or answer must be made by motion to the Office of 
Administrative Law Judges.
    (d) Office of Administrative Law Judges. Pleadings, motions, 
conferences, hearings, and other matters throughout as specified in 
subparts B, C, and D of this part shall be administered by the Office of 
Administrative Law Judges, as appropriate. The Chief Administrative Law 
Judge, or any Administrative Law Judge designated by the Chief 
Administrative Law Judge, shall administer any matters properly 
submitted to the Office of Administrative Law Judges. Throughout 
subparts B, C, and D of this part, ``Administrative Law Judge'' or 
``Judge'' refers to the Chief Administrative Law Judge or his or her 
designee.