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Another commonly supportive commenter proposed the inclusion of a party's ideal to get in touch with an exterior investigator.
The commenter presented no rationale for why the solution underneath VAWA is outstanding to the § 106.45(b)(5)(v) needs in this regard, and the Department thinks that parties are entitled to detect of interviews, conferences, and hearings the place the party's participation is anticipated or invited usually, a party could pass up important possibilities to progress the party's pursuits in the course of the grievance approach.
Because the stakes are substantial for both equally functions in a grievance approach, the two parties must get detect with ample time to get ready in advance of collaborating in interviews, conferences, or hearings linked with the grievance course of action, and prepared see is better calculated to correctly make certain that parties are apprised of the day, time, and mother nature of interviews, meetings, and hearings than relying solely on detect in the sort of oral communications.
Discussion: The Department appreciates this comments and discusses these concerns in the "Section 106.45(b)(1)(v) Reasonably Prompt Time Frames" subsection of the "General Requirements for § 106.45 Grievance Process" subsection of the "Section 106.45 Recipient's Response to Formal Complaints" area of this preamble.
For example, § 106.45(b)(2) demands the initial published observe to the events to consist of a statement about irrespective of whether the recipient's code of perform prohibits bogus statements, and § 106.45(b)(5)(vi) presents both equally parties equal possibility to examine and assessment all proof collected by the receiver that is immediately relevant to the alle***s, these types of that if related evidence looks to be lacking, a bash can point that out to the investigator, and if it turns out that relevant proof was destroyed by a occasion, the final decision-maker can choose that into account in assessing the reliability of get-togethers, and the excess weight of proof in the case.



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