OFFICE OF ATTORNEY RECRUITMENT AND MANAGEMENT PROCEDURES FOR FBI WHISTLEBLOWER REPRISAL CLAIMS BROUGHT PURSUANT TO 28 C.F.R. PART 27
The case law of the U.S. Merit Systems Protection Board and the U.S. Court of Appeals for the Federal Circuit, although not binding on OARM, is instructive and looked to for guidance.
These disclosures must be based on the information reasonably available to the parties at the time they are made. A party is not excused from making its disclosures because it challenges the sufficiency of the other party’s disclosures, or because the other party has not made its disclosures. They must be served on the other party, but not on OARM. If they are served on OARM, they will be rejected and returned to the party.
No case may be suspended for more than a total of 30 days under these procedures. Should the parties contact OARM during the period of suspension for assistance relative to discovery, and if OARM’s involvement is likely to be extensive, OARM will notify the parties that it will be necessary to take the case off suspension and return it to standard processing.