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77.

Department of Justice Final Agency Decision

The Department of Justice shall issue a final agency decision either (1) within 60 days of receiving notification that a complainant has requested an immediate decision from the agency, (2) within 60 days of the end of the 30-day period for the complainant to request a hearing or an immediate final decision, where the complainant has not requested either a hearing or a decision, or (3) within 60 days of receiving the findings and conclusion of an administrative judge.

The Complaint Adjudication Officer (CAO) renders a fair and impartial decision after the investigation when no hearing is held or after the EEOC hearing is completed. This involves reviewing the entire complaint file including the investigative portion, recommendations of the EEO Assistant Director, and, if a hearing is held, the transcript of the hearing and recommendations of the administrative judge.

The final agency decision consists of findings by the CAO on the merits of each issue or allegation in the complaints; and when discrimination is found, appropriate remedies and relief is directed.

[cited in USAM 3-5.211]