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91.

Hearing

The administrative judge will set a hearing date after the expiration of the period allowed for preparation of the case. The administrative judge will transmit to the EOUSA head:

  1. Record of the hearing;

  2. The findings and analysis of the complaint; and

  3. Recommended decision on the complaint which may include any systems relief for the class. The administrative judge will notify the agent of the date on which the report of findings was forwarded to the EOUSA.

The agency has 60 calendar days to issue a decision to accept, reject or modify the findings and recommendations of the administrative judge. If the decision is to reject or modify the recommendation, the decision must set forth the reasons for the rejection or modification. If no agency decision is issued within 60 calendar days, the administrative judge's findings and recommendations become the final agency decision. The agency shall transmit the final agency decision to the agent or his/her representative within five days after the 60 calendar day period.

[cited in USAM 3-5.211]