One such notification was immediately before the information was entered into the system. Proposed Complainant's Exh. However, Hastings' knowledge that the computer system actually was not secure and the accuracy of his representations are not central to the substance of Complainant's discrimination complaint. Accordingly, these documents appear to bear predominantly on Hastings' general credibility.
Several considerations militate against admission of the documents.
First, copies are submitted without seal, certification, or other authenticating or identifying device. Finally, at the very least, Hastings' representations to the NRC regarding his lack of knowledge should have been a subject of his examination at the hearing before the Administrative Law Judge. Although the NRC report postdated the hearing on Complainant's discrimination complaint, Complainant's charge that Respondent provided false information in the course of an NRC investigation preceded the discrimination hearing. In issuing this determination, I express no opinion as to Complainant's argument that evidence may be received absent a remand to the ALJ for appropriate proceedings. 2 Modelled on Fed.