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Time Limits for Filing

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What are the time limits for filing a request for corrective action with OARM?

A request for corrective action must be received by OARM either:

Within 60 calendar days of receipt of notification of termination of an investigation by the Conducting Office (i.e., the Department of Justice's Office of Professional Responsibility or the Department of Justice's Office of the Inspector General); or
At any time after 120 calendar days from the date you first notified one of those offices of an alleged reprisal and have not been notified that either office will seek corrective action.

How will I know if the Conducting Office has terminated its investigation of my reprisal complaint?

Prior to terminating its investigation of your reprisal complaint, the Conducting Office must provide you with a written status report containing the factual findings and conclusions justifying its decision to terminate its investigation. You will have the opportunity to submit to the Conducting Office written comments to its status report. Thereafter, the Conducting Office will provide you with a written statement notifying you of its final decision to terminate its investigation, a summary of relevant facts ascertained by the Conducting Office, the reasons for its decision, and a response to any comments to the status report you may have submitted to the Conducting Office.

What if I want to file a request for corrective action with OARM, but have not heard anything from the Conducting Office since filing my reprisal complaint?

You may file a request for corrective action with OARM anytime after 120 calendar days from the date you first notified either the Department of Justice’s Office of Professional Responsibility or the Department of Justice’s Office of the Inspector General of an alleged reprisal, and have not received notice that either office will seek corrective action in your case.

What determines the date of filing for a request for corrective action?

A request for corrective action may be filed by mail or by facsimile. The filing date for a request for corrective action filed by mail is the date it is postmarked, not the date on which OARM receives it. The filing date for a request for corrective action that is sent by facsimile is the date on which it is received by OARM.

How do I establish that my request for corrective action is timely filed?

To demonstrate that your request for corrective action is timely filed, you must either:

Establish that you filed your request for corrective action within 60 days of the date you received notification of termination of the investigation by the Conducting Office (the Conducting Office’s termination letter is not admissible in OARM proceedings without your consent; you may redact or refrain from submitting all portions other than the date and the statement identifying the letter as a termination letter); or
Submit a statement attesting to the fact that you did not receive, within 120 days of reporting an alleged reprisal to either the Department of Justice’s Office of Professional Responsibility or the Department of Justice’s Office of the Inspector General, notification that either office will seek corrective action in your case.

What if I miss the deadline for filing my request for corrective action?

A request for corrective action filed beyond the required time limits will be dismissed absent a showing of good cause for the delay in filing. If you file your request for corrective action beyond the applicable time limits, your filing must include a written statement establishing that good cause exists to excuse the delay in filing.

How do I establish good cause for my untimely filed request for corrective action?

In determining whether you have shown good cause for the delay in filing, OARM will consider several factors, including: the length of the delay; the reasonableness of your excuse and your showing of due diligence or ordinary prudence; whether you are proceeding pro se (i.e., without representation); and whether you have presented evidence of the existence of circumstances beyond your control that affected your ability to comply with the time limits.

Updated: August 2011