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U.S. Code as of:
01/19/04
Section 1973g. Challenges to eligibility listings
(a) Filing of challenge; supplementary affidavits; service upon
person challenged; hearing; review
Any challenge to a listing on an eligibility list prepared by an
examiner shall be heard and determined by a hearing officer
appointed by and responsible to the Director of the Office of
Personnel Management and under such rules as the Director shall by
regulation prescribe. Such challenge shall be entertained only if
filed at such office within the State as the Director of the Office
of Personnel Management shall by regulation designate, and within
ten days after the listing of the challenged person is made
available for public inspection, and if supported by (1) the
affidavits of at least two persons having personal knowledge of the
facts constituting grounds for the challenge, and (2) a
certification that a copy of the challenge and affidavits have been
served by mail or in person upon the person challenged at his place
of residence set out in the application. Such challenge shall be
determined within fifteen days after it has been filed. A petition
for review of the decision of the hearing officer may be filed in
the United States court of appeals for the circuit in which the
person challenged resides within fifteen days after service of such
decision by mail on the person petitioning for review but no
decision of a hearing officer shall be reversed unless clearly
erroneous. Any person listed shall be entitled and allowed to vote
pending final determination by the hearing officer and by the
court.
(b) Rules and regulations by Director of the Office of Personnel
Management
The times, places, procedures, and form for application and
listing pursuant to subchapters I-A to I-C of this chapter and
removals from the eligibility lists shall be prescribed by
regulations promulgated by the Director of the Office of Personnel
Management and the Director shall, after consultation with the
Attorney General, instruct examiners concerning applicable State
law not inconsistent with the Constitution and laws of the United
States with respect to (1) the qualifications required for listing,
and (2) loss of eligibility to vote.
(c) Subpena power of Director of the Office of Personnel
Management; contempt
Upon the request of the applicant or the challenger or on its own
motion the Director of the Office of Personnel Management shall
have the power to require by subpena the attendance and testimony
of witnesses and the production of documentary evidence relating to
any matter pending before the Director under the authority of this
section. In case of contumacy or refusal to obey a subpena, any
district court of the United States or the United States court of
any territory or possession, or the District Court of the United
States for the District of Columbia, within the jurisdiction of
which said person guilty of contumacy or refusal to obey is found
or resides or is domiciled or transacts business, or has appointed
an agent for receipt of service of process, upon application by the
Attorney General of the United States shall have jurisdiction to
issue to such person an order requiring such person to appear
before the Director or a hearing officer, there to produce
pertinent, relevant, and nonprivileged documentary evidence if so
ordered, or there to give testimony touching the matter under
investigation; and any failure to obey such order of the court may
be punished by said court as a contempt thereof.
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