[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: 29CFR1614.405]

[Page 277-278]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                  Subpart D--Appeals and Civil Actions
 
Sec. 1614.405  Decisions on appeals.

    (a) The Office of Federal Operations, on behalf of the Commission, 
shall

[[Page 278]]

issue a written decision setting forth its reasons for the decision. The 
Commission shall dismiss appeals in accordance with Secs. 1614.107, 
1614.403(c) and 1614.410. The decision shall be based on the 
preponderance of the evidence. The decision on an appeal from an 
agency's final action shall be based on a de novo review, except that 
the review of the factual findings in a decision by an administrative 
judge issued pursuant to Sec. 1614.109(i) shall be based on a 
substantial evidence standard of review. If the decision contains a 
finding of discrimination, appropriate remedy(ies) shall be included 
and, where appropriate, the entitlement to interest, attorney's fees or 
costs shall be indicated. The decision shall reflect the date of its 
issuance, inform the complainant of his or her or her civil action 
rights, and be transmitted to the complainant and the agency by first 
class mail.
    (b) A decision issued under paragraph (a) of this section is final 
within the meaning of Sec. 1614.407 unless the Commission reconsiders 
the case. A party may request reconsideration within 30 days of receipt 
of a decision of the Commission, which the Commission in its discretion 
may grant, if the party demonstrates that:
    (1) The appellate decision involved a clearly erroneous 
interpretation of material fact or law; or
    (2) The decision will have a substantial impact on the policies, 
practices or operations of the agency.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999]