[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: 29CFR1614.504]

[Page 282]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                   Subpart E--Remedies and Enforcement
 
Sec. 1614.504  Compliance with settlement agreements and final action.

    (a) Any settlement agreement knowingly and voluntarily agreed to by 
the parties, reached at any stage of the complaint process, shall be 
binding on both parties. Final action that has not been the subject of 
an appeal or civil action shall be binding on the agency. If the 
complainant believes that the agency has failed to comply with the terms 
of a settlement agreement or decision, the complainant shall notify the 
EEO Director, in writing, of the alleged noncompliance within 30 days of 
when the complainant knew or should have known of the alleged 
noncompliance. The complainant may request that the terms of settlement 
agreement be specifically implemented or, alternatively, that the 
complaint be reinstated for further processing from the point processing 
ceased.
    (b) The agency shall resolve the matter and respond to the 
complainant, in writing. If the agency has not responded to the 
complainant, in writing, or if the complainant is not satisfied with the 
agency's attempt to resolve the matter, the complainant may appeal to 
the Commission for a determination as to whether the agency has complied 
with the terms of the settlement agreement or decision. The complainant 
may file such an appeal 35 days after he or she has served the agency 
with the allegations of noncompliance, but must file an appeal within 30 
days of his or her receipt of an agency's determination. The complainant 
must serve a copy of the appeal on the agency and the agency may submit 
a response to the Commission within 30 days of receiving notice of the 
appeal.
    (c) Prior to rendering its determination, the Commission may request 
that parties submit whatever additional information or documentation it 
deems necessary or may direct that an investigation or hearing on the 
matter be conducted. If the Commission determines that the agency is not 
in compliance and the noncompliance is not attributable to acts or 
conduct of the complainant, it may order such compliance or it may order 
that the complaint be reinstated for further processing from the point 
processing ceased. Allegations that subsequent acts of discrimination 
violate a settlement agreement shall be processed as separate complaints 
under Sec. 1614.106 or Sec. 1614.204, as appropriate, rather than under 
this section.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37660, July 12, 1999]

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