Appendix K EEO-MD-110 NOTICE of INCOMPLETE INVESTIGATION (sample)

Management Directive 110

Subject: Notice of Incomplete Investigation

FROM: [EEO Director] DATE: [Insert]

TO: [Complainant/Complainant's Representative]

This Notice is to inform you that the investigation of [Agency Complaint No(s)] has not been completed within the 180-day time frame. Therefore, at this time, you have the right to request a hearing before a Commission Administrative Judge or to file a civil action in an appropriate U.S. District Court. You should send your request for a hearing before a Commission Administrative Judge to [insert correct address for the Commission District Office]. If you choose to file a civil action, that action should be styled [Complainant v. Agency Head]. You may also petition the U.S. District Court to appoint an attorney and to authorize commencement of the civil action without payment of fees, costs, or security. Whether your request is granted or denied is within the sole discretion of the U. S. District Judge.

Should you elect to request a hearing or file a civil action, you may have the opportunity to engage in discovery. Discovery is a pre-hearing and pre-trial device you can use to obtain facts and information from the agency. Tools of discovery include, but are not limited to, depositions, interrogatories, requests for production of documents, and requests for admissions. You are required to prove your case by a preponderance of the evidence which means the evidence of discrimination must be of greater weight than the evidence of non-discrimination.

In the alternative, you may wait until the investigation is complete, at which time, you will receive notice of the right to request a hearing before a Commission Administrative Judge or to request an immediate final agency decision. The estimated date of completion for the investigation is [insert date]. If you choose to wait for the investigation to be completed, you need not take any action at this time. The issuance of this Notice does not operate to waive your right to seek sanctions against the Agency for failing to complete the investigation within the required regulatory time frame.

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(Signature Block)
EEO Director