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OUTLINE OF POSITION TAKEN BY THE COUNCIL OF FEDERAL EEO AND CIVIL RIGHTS EXECUTIVES TO EEOCS DECEMBER 28, 1998 PROPOSED FINAL RULE REVISION AGREE OR PARTIALLY AGREE: 14 (56%) DISAGREE: 11 (44%) Require agencies to establish ADR programs at the informal and formal process: Agree. Allow Complainants (CPs) to choose between ADR and counseling: Agree. Abolish dismissals for failure to accept offers of full relief: Partially Agree. Allow dismissals for dissatisfaction with processing of complaints or for abusing EEO process: Agree. To replace the phrase "matter alleged to be discriminatory" with the word "claim" in section 1614.108(b), and to remove the word "allegations" and replace it with "claims" in section 1614.603: Agree To remove from the hearing process the section allowing administrative judges to remand issues to agencies for counseling or other processing: Agree, with qualification. To amend section 1614.606 to require that agencies consolidate two or more complaints filed by the same complainant, without considering whether the issues or claims are like or related to the original complaint: Disagree. Remove appeals of partial dismissal of complaints: Agree. Allow CPs to submit hearing requests directly to EEOC: Agree. Allow Administrative Judges (AJs) to dismiss complaints: Disagree. Allow agencies to issue a final order on decisions from administrative judges. Strongly Disagree. Allow AJs to render final decisions on hearing requests: Strongly Disagree. Allow AJs to send the hearing record, rather than the entire record, to parties with the final decision: Disagree. Remove the requirement that administrative judges send final decision and the record to the parties by certified mail: Disagree. Allow CPs to request class certification at any time: Disagree. Allow AJs to render final decisions on whether class complaints will be accepted or dismissed: Strongly Disagree. Require AJs to approve class settlement agreements: Disagree. Amend burdens of proof applicable to individual class members who believe they are entitled to relief: Agree. Adopt new timeframes for appeals: Agree. Authorize EEOC to take punitive actions for uncooperative witnesses: Agree. Change burden of proof for decisions on appeal: Partially Agree. Retain right of reconsideration: Agree. Allow AJs to authorize attorneys fees: Disagree. Allow attorneys fees for informal process: Disagree. Require all papers to be served on both the attorney and the complainant: Agree.
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