GENERAL PROVISIONS 1
PURPOSE AND SCOPE 1
RESPONSIBILITIES OF CONVENING AUTHORITIES 1
General Responsibilities 1
Determining the Need for Administrative Investigations 1
Notice To Higher Authority of Convening Authority Involvement 2
Supervision, Coordination, and Support of AIBs 2
Certification of Completion and Follow-up Action. 2
Duties Of Members Appointed to Administrative Investigation Boards 2
WAIVER OF REQUIREMENTS 3
COORDINATION OF INVESTIGATIONS 3
DETERMINING THE NEED FOR ADMINISTRATIVE INVESTIGATIONS 1
INTRODUCTION 1
incident Reports 1
Incident-Specific ReQUIREMENTS 1
CollectION OF INFORMATION TO DETERMINE NEED AND SCOPE OF investigation 2
Decision Factors 2
CONVENING ADMINISTRATIVE INVESTIGATIONS 1
Timeliness of AI’s 1
Selecting AIB members and staff 1
Number of Members 1
Qualifications of Members 1
Staff Support 1
Legal Support 2
Arranging for Members and Staff from Other Sources 2
Designation and Functions of the AIB Chair 2
Charge LetterS 2
Purpose of the Charge Letter 2
Form of Charge Letters 2
Scope of the Investigation and Issue Identification 3
Authority to Administer Oaths 3
Authorizing Report in Summary Format 3
Requiring and Permitting Recommendations 3
Amending Charge Letters 4
Suspending and Terminating AIBs 4
GENERAL INVESTIGATION PROCEDURES 1
PLANNING 1
Collection of Evidence 1
Generally 1
Collection of Evidence from the Subject of an Investigation 1
Collection of Evidence from VA Employees 1
Collection of Evidence from Individuals Who Are Not VA Employees 2
Restrictions on Disclosure and Use of Information 2
Use of Specialized Investigative Procedures 3
Protection of Evidence and Record Keeping 3
Discovery of Matters Outside the Scope of Investigation 3
Release of Information 4
Action by the AIB on discovery of fraud, corruption, OR criminal activity 4
WITNESS INTERVIEWS 1
Forms of Testimony and Documentation Requirements 1
Requirement to Seek Sworn or Affirmed Verbatim Testimony 1
Administration of Oath or Affirmation 1
PROCEDURE FOR WITNESS INTERVIEWS 1
Witness Obligations and Protections. 1
Evidence From Patients Under Treatment At VA Health Care Facilities 2
Notice and Advice Regarding Witness Rights and Obligations 2
Mental Competency Issues 2
Requests for Assistance at Interviews 2
INVESTIGATION REPORTS 1
GENERAL 1
INVESTIGATIVE REPORT – STANDARD FORMAT 1
General Organization 1
Required Contents 1
Attachments 2
Optional contents 2
INVESTIGATION REPORT – SUMMARY FORMAT 4
Forwarding, Review, and CERTIFICATION OF Investigative Reports 5
FILING AND RETENTION 5
Retention Period 5
Investigative Reports and The Privacy Act 5
DEFINITIONS 1
1. Administrative Investigation (AI) 1
Administrative Investigation Board (AIB) 1
Affidavit, Declaration under 28 USC § 1746 1
Charge Letter 1
Convening Authority 1
General/Regional Counsel 1
Investigative Report (IR) 1
Issue 1
Material Evidence 1
Preliminary Inquiry 2
Scope 2
Subject of an Investigation 2
Sworn, Affirmed, Oath 2
Testimony 2
SAMPLE CHARGE LETTER 1
ADMINISTRATIVE INVESTIGATION CHECKLIST 1
2. Learn about the case and your role in it. 1
Make initial administrative arrangements. 1
Identify issues and evidence. 2
Collect available documents and other evidence 2
Conduct witness interviews. 2
Write the report. 3
TIPS FOR EFFECTIVE INVESTIGATIONS 1
3. The Role of the Investigator 1
Determining Issues for Investigation 1
Evidence and Analysis of Issues, Facts and Conclusions 2
Witness Interviews 4
Writing the Report 6
SAMPLE INVESTIGATIVE FILE INDEX 1
ISSUE ANALYSIS WORKSHEET 1
WITNESS PLANNING WORKSHEET 1
PROCEDURE / CHECKLIST FOR OBTAINING WITNESS TESTIMONY 1
4. Planning the Interview 1
5. Holding a Preliminary Interview 1
Procedure for Preparing Declarations under 28 USC 1746 1
6. Procedure for Holding a Recorded Testimonial Interview 2
Script / for Recorded Testimonial Interview 3
Conclude the Interview 3
Preparing Verbatim Transcripts 4
SUMMARY OF OBLIGATIONS AND RIGHTS RELATED TO WITNESSES 1
7. “Due Process” Rights Not Applicable to Administrative Investigations 1
VA Employees’ Obligation to Cooperate 1
Rights and Obligations Regarding Self-Incrimination 1
Privacy Act Requirements 1
Protection Against Retaliation for Truthful Testimony 3
Rights of Bargaining Unit Employees 3
Privileges 4
Providing Advice of Rights and Obligations 4
SAMPLE NOTICE OF WITNESS OBLIGATIONS, PROTECTIONS, AND PRIVACY ACT MATTERS 1
SAMPLE DESIGNATION OF ADVISOR / UNION REPRESENTATIVE 1
SAMPLE WITNESS DECLARATION / AFFIDAVIT 1
SAMPLE INVESTIGATIVE REPORT – SUMMARY FORMAT 1
SAMPLE INVESTIGATIVE REPORT –standard FORMAT 1
SAMPLE COMPLETION CERTIFICATE 11
