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Question Formal Investigation

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2 years 8 months ago #8269 by Drei Napoles
Drei Napoles created the topic: Formal Investigation
Is the conduct of Formal Investigation or Pre-Hearing Conference mandatory? What if the Respondent waives his right to a formal investigation and submit the case for resolution based only on his Answer to the Formal Charge? Can the Hearing Officer take it in face value and issue a resolution to the Disciplining Authority?

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2 years 8 months ago #8296 by Action Officer 23
Action Officer 23 replied the topic: Formal Investigation
06/28/21

Pursuant to Section 34, Rule 8, 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), a formal investigation of the case shall be conducted in two (2) instances: first, where the merits of the case cannot be decided judiciously without conducting such investigation or second, when the respondent elects to have one.

Thus, if the respondent elects for the submission of Position Papers, with the agreement of the Prosecution, and the case can be decided judiciously without conducting such investigation, then, the Disciplining Authority may issue a Decision based on the Answer to the Formal Charge submitted by Respondent and the Position Papers and pieces of evidence submitted by both parties (respondent and the prosecution).

Very truly yours,

Office for Legal Affairs, CSC

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