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1 such investigation and shall notify in writing the complainant 
2 (and any person acting on. behalf of the complainant) and 
3 the person alleged to have committed such violation of the 
4 results of this, investigation conducted pursuant to this subpar- 
5 agraph. Within ninety days of the receipt of such complaint 
6 the Secretary shall, unless the proceeding on the complaint 
7 is terminated by the Secretary on the basis of a settlement 
8 entered into by the Secretary and the person alleged to have 
9 committed such violation, issue an order either providing 
10 the relief prescribed by subparagraph (B) or denying the 
11 complaint. An order of the Secretary shall be made on the 
12 record after notice and opportunity for agency hearing. The 
13 Secretary may not enter into a settlement terminating a pro- 
14 ceeding on a complaint without the participation and consent 
15 of the complainant. 
16 “(B) If in response to a complaint filed under para- 
17 graph (I) the Secretary determines that a violation of sub- 
18 section (a) of this section has occurred, the Secretary shall 
19 order (i) the person who committed such violation to take 
20 affirmative action to abate the violation, and (ii) such per- 
21 son to reinstate the complainant to the complainant’s former 
22 position together with the compensation (including back 
23 pay) , terms, conditions, and privileges of the complainant’s 
24 employment. If such an order is issued, the Secretary, at the 
25 request of tin' complainant, shall assess against the person 
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