[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: 29CFR1614.305]

[Page 274]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                      Subpart C--Related Processes
 
Sec. 1614.305  Consideration procedures.

    (a) Once a petition is filed, the Commission will examine it and 
determine whether the Commission will consider the decision of the MSPB. 
An agency may oppose the petition, either on the basis that the 
Commission should not consider the MSPB's decision or that the 
Commission should concur in the MSPB's decision, by filing any such 
argument with the Office of Federal Operations and serving a copy on the 
petitioner within 15 days of receipt by the Commission.
    (b) The Commission shall determine whether to consider the decision 
of the MSPB within 30 days of receipt of the petition by the 
Commission's Office of Federal Operations. A determination of the 
Commission not to consider the decision shall not be used as evidence 
with respect to any issue of discrimination in any judicial proceeding 
concerning that issue.
    (c) If the Commission makes a determination to consider the 
decision, the Commission shall within 60 days of the date of its 
determination, consider the entire record of the proceedings of the MSPB 
and on the basis of the evidentiary record before the Board as 
supplemented in accordance with paragraph (d) of this section, either:
    (1) Concur in the decision of the MSPB; or
    (2) Issue in writing a decision that differs from the decision of 
the MSPB to the extent that the Commission finds that, as a matter of 
law:
    (i) The decision of the MSPB constitutes an incorrect interpretation 
of any provision of any law, rule, regulation, or policy directive 
referred to in 5 U.S.C. 7702(a)(1)(B); or
    (ii) The decision involving such provision is not supported by the 
evidence in the record as a whole.
    (d) In considering any decision of the MSPB, the Commission, 
pursuant to 5 U.S.C. 7702(b)(4), may refer the case to the MSPB for the 
taking of additional evidence within such period as permits the 
Commission to make a decision within the 60-day period prescribed or 
provide on its own for the taking of additional evidence to the extent 
the Commission considers it necessary to supplement the record.
    (e) Where the EEOC has differed with the decision of the MSPB under 
Sec. 1614.305(c)(2), the Commission shall refer the matter to the MSPB.