PUBLIC LAW 104-1-JAN. 23, 1995 109 STAT. 33 organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters, and (2) shall involve meetings with the parties separately or jointly for the purpose of resolving the dispute between the covered employee and the employing office. (c) MEDIATION PERIOD. —The mediation period shall be 30 days beginning on the date the request for mediation is received. The mediation period may be extended for additional periods at the joint request of the covered employee and the employing office. The Office shall notify in writing the covered employee and the Notification, employing office when the mediation period has ended. (d) INDEPENDENCE OF MEDIATION PROCESS.—No individual, who is appointed by the Executive Director to mediate, may conduct or aid in a hearing conducted under section 405 with respect to the same matter or shall be subject to subpoena or any other compulsory process with respect to the same matter. SEC. 404. ELECTION OF PROCEEDING. 2 USC 1404. Not later than 90 days after a covered employee receives notice of the end of the period of mediation, but no sooner than 30 days after receipt of such notification, such covered employee may either— (1) file a complaint with the Office in accordance with section 405, or (2) file a civil action in accordance with section 408 in the United States district court for the district in which the employee is employed or for the District of Columbia. SEC. 405. COMPLAINT AND HEARING. 2 USC 1405. (a) IN GENERAL. —^A covered employee may, upon the completion of mediation under section 403, file a complaint with the Office. The respondent to the complaint shall be the employing office— (1) involved in the violation, or (2) in which the violation is alleged to have occurred, and about which mediation was conducted. (b) DISMISSAL. —^A hearing officer may dismiss any claim that the hearing officer finds to be frivolous or that fails to state a claim upon which relief may be granted. (c) HEARING OFFICER. — (1) APPOINTMENT. —Upon the filing of a complaint, the Executive Director shall appoint an independent hearing officer to consider the complaint and render a decision. No Member of the House of Representatives, Senator, officer of either the House of Representatives or the Senate, head of an employing office, member of the Board, or covered employee may be appointed to be a hearing officer. The Executive Director shall select hearing officers on a rotational or random basis from the lists developed under paragraph (2). Nothing in this section shall prevent the appointment of hearing officers as full-time employees of the Office or the selection of hearing officers on the basis of specialized expertise needed for particular matters. (2) LISTS. —The Executive Director shall develop master lists, composed of— (A) members of the bar of a State or the District of Columbia and retired judges of the United States courts who are experienced in adjudicating or arbitrating the
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