[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.107]

[Page 262-263]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
    Subpart A--Agency Program To Promote Equal Employment Opportunity
 
Sec. 1614.107  Dismissals of complaints.

    (a) Prior to a request for a hearing in a case, the agency shall 
dismiss an entire complaint:
    (1) That fails to state a claim under Sec. 1614.103 or 
Sec. 1614.106(a) or states the same claim that is pending before or has 
been decided by the agency or Commission;
    (2) That fails to comply with the applicable time limits contained 
in Secs. 1614.105, 1614.106 and 1614.204(c), unless the agency extends 
the time limits in accordance with Sec. 1614.604(c), or that raises a 
matter that has not been brought to the attention of a Counselor and is 
not like or related to a matter that has been brought to the attention 
of a Counselor;
    (3) That is the basis of a pending civil action in a United States 
District Court in which the complainant is a party provided that at 
least 180 days have passed since the filing of the administrative 
complaint, or that was the basis of a civil action decided by a United 
States District Court in which the complainant was a party;
    (4) Where the complainant has raised the matter in a negotiated 
grievance procedure that permits allegations of discrimination or in an 
appeal to the Merit Systems Protection Board and Sec. 1614.301 or 
Sec. 1614.302 indicates that the complainant has elected to pursue the 
non-EEO process;
    (5) That is moot or alleges that a proposal to take a personnel 
action, or other preliminary step to taking a personnel action, is 
discriminatory;
    (6) Where the complainant cannot be located, provided that 
reasonable efforts have been made to locate the complainant and the 
complainant has not responded within 15 days to a notice of proposed 
dismissal sent to his or her last known address;
    (7) Where the agency has provided the complainant with a written 
request to provide relevant information or otherwise proceed with the 
complaint, and the complainant has failed to respond to the request 
within 15 days of its receipt or the complainant's response does not 
address the agency's request, provided that the request included a 
notice of the proposed dismissal. Instead of dismissing for failure to 
cooperate, the complaint may be adjudicated if sufficient information 
for that purpose is available;
    (8) That alleges dissatisfaction with the processing of a previously 
filed complaint; or
    (9) Where the agency, strictly applying the criteria set forth in 
Commission decisions, finds that the complaint is part of a clear 
pattern of misuse of the EEO process for a purpose other than the 
prevention and elimination of employment discrimination. A clear pattern 
of misuse of the EEO process requires:
    (i) Evidence of multiple complaint filings; and
    (ii) Allegations that are similar or identical, lack specificity or 
involve matters previously resolved; or

[[Page 263]]

    (iii) Evidence of circumventing other administrative processes, 
retaliating against the agency's in-house administrative processes or 
overburdening the EEO complaint system.
    (b) Where the agency believes that some but not all of the claims in 
a complaint should be dismissed for the reasons contained in paragraphs 
(a)(1) through (9) of this section, the agency shall notify the 
complainant in writing of its determination, the rationale for that 
determination and that those claims will not be investigated, and shall 
place a copy of the notice in the investigative file. A determination 
under this paragraph is reviewable by an administrative judge if a 
hearing is requested on the remainder of the complaint, but is not 
appealable until final action is taken on the remainder of the 
complaint.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37656, July 12, 1999]