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52 
suits of the investigation conducted pursuant to this 
paragraph. Within ninety days of the receipt of such 
complaint the Secretary shall, unless the proceeding on 
the complaint is terminated by the Secretary on the 
basis of a settlement entered into by the Secretary and 
the person alleged to have committed such violation , 
issue an order either providing the relief prescribed by 
subparagraph (B) or denying the complaint. An order 
of the Secretary shall be made on the record after notice 
and opportunity for agency hearing. The Solicitor of 
Labor shall, with the consent of the complainant, repre- 
sent such complainant at any such hearing. The Secre- 
tary may not enter into a settlement terminating a 
proceeding on a complaint without the participation 
and consent of the complainant. 
“(ii) If in response to a complaint filed under para- 
graph (1) the Secretary determines that a violation of 
subsection (a) of this section has occurred, the Secretary 
shall order (i) the person who committed such violation 
to take affirmative action to abate the violation, (ii) 
such person to reinstate the complainant to the com- 
plainant’s former position together with the compensa- 
tion (including back pay), terms, conditions, and privi- 
leges of the complainant's employment, (Hi) compensa- 
tory damages , arid (iv) where appropriate exemplary 
[ 722 ] 
