[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: 29CFR1614.503]

[Page 281-282]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                   Subpart E--Remedies and Enforcement
 
Sec. 1614.503  Enforcement of final Commission decisions.

    (a) Petition for enforcement. A complainant may petition the 
Commission for enforcement of a decision issued under the Commission's 
appellate jurisdiction. The petition shall be submitted to the Office of 
Federal Operations. The petition shall specifically set forth the 
reasons that lead the complainant to believe that the agency is not 
complying with the decision.
    (b) Compliance. On behalf of the Commission, the Office of Federal 
Operations shall take all necessary action to ascertain whether the 
agency is implementing the decision of the Commission. If the agency is 
found not to be in compliance with the decision, efforts shall be 
undertaken to obtain compliance.
    (c) Clarification. On behalf of the Commission, the Office of 
Federal Operations may, on its own motion or in response to a petition 
for enforcement or in connection with a timely request for 
reconsideration, issue a clarification of a prior decision. A 
clarification

[[Page 282]]

cannot change the result of a prior decision or enlarge or diminish the 
relief ordered but may further explain the meaning or intent of the 
prior decision.
    (d) Referral to the Commission. Where the Director, Office of 
Federal Operations, is unable to obtain satisfactory compliance with the 
final decision, the Director shall submit appropriate findings and 
recommendations for enforcement to the Commission, or, as directed by 
the Commission, refer the matter to another appropriate agency.
    (e) Commission notice to show cause. The Commission may issue a 
notice to the head of any Federal agency that has failed to comply with 
a decision to show cause why there is noncompliance. Such notice may 
request the head of the agency or a representative to appear before the 
Commission or to respond to the notice in writing with adequate evidence 
of compliance or with compelling reasons for non-compliance.
    (f) Certification to the Office of Special Counsel. Where 
appropriate and pursuant to the terms of a memorandum of understanding, 
the Commission may refer the matter to the Office of Special Counsel for 
enforcement action.
    (g) Notification to complainant of completion of administrative 
efforts. Where the Commission has determined that an agency is not 
complying with a prior decision, or where an agency has failed or 
refused to submit any required report of compliance, the Commission 
shall notify the complainant of the right to file a civil action for 
enforcement of the decision pursuant to Title VII, the ADEA, the Equal 
Pay Act or the Rehabilitation Act and to seek judicial review of the 
agency's refusal to implement the ordered relief pursuant to the 
Administrative Procedure Act, 5 U.S.C. 701 et seq., and the mandamus 
statute, 28 U.S.C. 1361, or to commence de novo proceedings pursuant to 
the appropriate statutes.