[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: 29CFR1614.110]

[Page 266-267]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
    Subpart A--Agency Program To Promote Equal Employment Opportunity
 
Sec. 1614.110  Final action by agencies.

    (a) Final action by an agency following a decision by an 
administrative judge. When an administrative judge has issued a decision 
under Sec. 1614.109(b), (g) or (i), the agency shall take final action 
on the complaint by issuing a final order within 40 days of receipt of 
the hearing file and the administrative judge's decision. The final 
order shall notify the complainant whether or not the agency will fully 
implement the decision of the administrative judge and shall contain 
notice of the complainant's right to appeal to the Equal Employment 
Opportunity Commission, the right to file a civil action in federal 
district court, the name of the proper defendant in any such lawsuit and 
the applicable time limits for appeals and lawsuits. If the final order 
does not fully implement the decision of the administrative judge, then 
the agency shall simultaneously file an appeal in accordance with 
Sec. 1614.403 and append a copy of the appeal to the final order. A copy 
of EEOC Form 573 shall be attached to the final order.
    (b) Final action by an agency in all other circumstances. When an 
agency dismisses an entire complaint under Sec. 1614.107, receives a 
request for an immediate final decision or does not receive a reply to 
the notice issued under Sec. 1614.108(f), the agency shall take final 
action by issuing a final decision. The final decision shall consist of 
findings by the agency on the merits of each issue in the complaint, or, 
as appropriate, the rationale for dismissing any claims in the complaint 
and, when discrimination is found, appropriate remedies and relief in 
accordance with subpart E of this part. The agency shall issue the final 
decision within 60 days of receiving notification that a complainant has 
requested an immediate decision from the agency, or within 60 days of 
the end of the 30-day period for the complainant to request a hearing or 
an immediate final decision where the complainant has not requested 
either a hearing or a decision. The final action shall contain notice of 
the right to appeal the final action to the Equal Employment Opportunity 
Commission, the right to file a civil action in federal district court, 
the name of the proper defendant in any such lawsuit and the

[[Page 267]]

applicable time limits for appeals and lawsuits. A copy of EEOC Form 573 
shall be attached to the final action.

[64 FR 37657, July 12, 1999]