If, at any point during the inquiry, it becomes apparent that serious criminal or administrative misconduct is involved, OIA will be consulted to determine whether a referral to the Office of the Inspector General or Civil Rights Division is appropriate. If an OIA representative is not present, members will contact the Chief, OIA, for advice before proceeding further. An individual's right to representation, if any, must be determined prior to the interview. During the inquiry, witnesses or other persons having knowledge of the incident must be instructed to keep all information strictly confidential and instructed not to disclose any information concerning the nature of the inquiry or the information he or she has provided to anyone other than the Board or Team, or to an appropriate union representative. One of these conditions must be satisfied before questioning a person suspected of possible criminal misconduct.
Members are to require a witness to submit a written statement.
The witness will be permitted a reasonable opportunity to prepare and review the statement before swearing or affirming the truth of the statement. The Chair and members will have authority to administer oaths or affirmations to witnesses in accordance with 5 U.S.C. 303. For a written statement. The Board or Team will prepare a detailed report of its findings, including, if appropriate, recommendations. Any member of a Board or Team may submit a separate or dissenting report.