Frequently Asked Questions
Applicable Law | Pleadings | Representation | Time Limits for Filing | Exhaustion & Jurisdiction | Discovery | Burdens of Proof | Hearing | Relief | Right to Further Review | Mediation
- What law governs FBI whistleblower cases?
- What does 5 U.S.C. § 2303 provide?
- What do the FBI whistleblower regulations, 28 C.F.R. part 27, provide?
- What is a pleading?
- What is the date of filing for pleadings filed with OARM?
- Is there a page limit on my pleadings?
- Is there a required paper size for my pleadings?
- Must I provide the other party with a copy of each pleading I file with OARM?
- How do I prove that I have provided the other party with a copy of my pleading?
- What is a certificate of service?
- What if I have classified information that I want to submit to OARM with my request for corrective action or other pleadings?
- Must I be represented by an attorney to file a request for corrective action?
- If I choose to designate a representative to handle my request for corrective action, must that person be an attorney?
- What if I cannot afford an attorney?
- What are the time limits for filing a request for corrective action with OARM?
- How will I know if the Conducting Office has terminated its investigation of my reprisal complaint?
- 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?
- What determines the date of filing for a request for corrective action?
- How do I establish that my request for corrective action is timely filed?
- What if I miss the deadline for filing my request for corrective action?
- How do I establish good cause for my untimely filed request for corrective action?
EXHAUSTION & JURISDICTION
- What does exhaustion mean?
- How do I prove that I have exhausted my remedies with a Conducting Office?
- If the Conducting Office has terminated its investigation of my reprisal complaint, will that termination influence OARM's decision over my request for corrective action?
- What is jurisdiction?
- Who has the burden of proving OARM’s jurisdiction over a request for corrective action?
- How do I establish OARM’s jurisdiction over my request for corrective action?
- What constitutes a protected disclosure?
- What is a reasonable belief?
- In making a protected disclosure, do I have to prove that the information disclosed actually constituted wrongdoing?
- To whom must my disclosure be made in order to be protected?
- How do I make a nonfrivolous allegation that my disclosure was a contributing factor in the personnel action against me?
- What are the personnel actions covered by the FBI whistleblower regulations?
- What is discovery?
- What is the purpose of discovery?
- What is the scope of discovery?
- When is discovery permitted?
- What are the methods for conducting discovery?
- How does the discovery process begin and what are the applicable time limits?
- Are there any limits on the number of discovery requests a party may serve?
- What if my request for discovery is not honored by the other party?
- Does the Director of OARM’s authority to compel a witness’ testimony apply to depositions?
- When must my motion to compel discovery be filed?
- What must my motion to compel discovery contain?
- May I seek to obtain discovery documents from the Conducting Office?
- How much time do the parties have to complete discovery?
- What happens after discovery is completed?
- What is my burden of proof with respect to the merits of my request for corrective action?
- What is preponderant evidence?
- Am I automatically entitled to relief if I prove by preponderant evidence that I made a protected disclosure that was a contributing factor in the FBI’s personnel action(s) against me?
- What is the FBI’s burden of proof under the clear and convincing standard?
- What factors will OARM consider in assessing the FBI’s burden of proof?
- Do I have a right to a hearing before the Director of OARM on the merits of my request for corrective action?
- How do I request a hearing before the Director of OARM?
- Are hearings held in-person or via telephone or videoconference?
- What remedy or relief am I entitled to if the Director of OARM determines that the FBI retaliated against me for my whistleblowing activities?
- If the Director of OARM finds that the FBI retaliated against me for my protected disclosure, can OARM order or recommend to the FBI that the individuals responsible for the retaliation be disciplined?
- What can I do if I am not satisfied with OARM’s final determination?
- Do the parties have the right to an interlocutory appeal to the Deputy Attorney General?
- What is the FBI Whistleblower Mediation Program?
- Is mediation mandatory?
- Why should I consider mediation?
- What is a mediator?
- What is the role of the mediator?
- Who will be the mediator assigned to handle my case?
- Who will pay for the mediator?
- Who will pay for costs associated with mediation?
- How do I elect mediation?
- What is the format of a mediation session?
- Are the mediation sessions confidential?
- Are representatives permitted to attend the mediation?
- Who will represent the FBI at the mediation?
- What preparation should the parties do prior to attending the mediation session?
- What is the duration of an average mediation session?
- When and where are these mediation sessions conducted?
- How soon will the mediation session be conducted?
- What happens to the processing of my reprisal claim if I elect mediation before the Conducting Office?
- What happens to the processing of my reprisal claim if I elect mediation before OARM?
Updated March 15, 2023