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OSC is also authorized to investigate violations of the Hatch Act. 5 U.S.C. § 1216 (a)(1)(2). If OSC charges an employee with a violation of the Hatch Act, those charges are adjudicated before the Merit Systems Protection Board. 5 U.S.C. §§ 1215, 1504 – 1508, 7321 – 7326. Filers alleging a violation of the Hatch Act can use OSC's Online Filing Portal by clicking the green File a Complaint button in the top right-hand corner of this screen.
The Online Filing Portal includes a section where filers can indicate that they do not consent to the disclosure of their identity for any purpose. In the alternative, filers have the option to electronically submit a Hatch Act complaint anonymously. However, if such a filer does not provide sufficient information in the complaint, OSC may not be able to fully investigate the alleged Hatch Act violation. In addition, anonymous filers will not receive any information about OSC's investigation, including its outcome. If you would still like to file anonymously, please click HERE to access the webform and file without providing identifying information.
Filers can also complete a Hatch Act complaint form by hand after printing one of the following forms:
Once the appropriate form is completed, it should be mailed to OSC. Please also include any evidence supporting your allegations (for example, documents, newspaper articles, photographs, etc.).
Please be advised that if the form is not filled out completely or the allegations are insufficient, OSC will require the complaint filer to provide additional information before it investigates. Accordingly, be sure to include all of the following information in the complaint:
Name and contact information of person who violated the Hatch Act (“Subject”)
Agency and position of Subject
Detailed description of the alleged Hatch Act violation, including names and contact information of potential witnesses and whether, for example, the election at issue is partisan (meaning the candidates are running as political party candidates)
In addition, for allegations involving a state, D.C., or local government employee, include:
Information about the federal funding the Subject’s employing agency receives
Description of the duties the Subject performs in connection with federal funds
Complaints should be sent to:
Hatch Act UnitU.S. Office of Special Counsel1730 M Street, N.W., Suite 218Washington, DC 20036-4505Fax: (202) email@example.com
After investigating an alleged Hatch Act violation, OSC may seek disciplinary action against an employee before the Merit Systems Protection Board. When violations are not sufficiently egregious to warrant prosecution, OSC may issue a warning letter to the employee involved.