[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR268.109]

[Page 808-809]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 268--RULES REGARDING EQUAL OPPORTUNITY--Table of Contents
 
          Subpart B--Board Program to Promote Equal Opportunity
 
Sec. 268.109  Final action by the Board.

    (a) Final action by the Board following a decision by an 
administrative judge. When an EEOC administrative judge has issued a 
decision under Secs. 268.108(b), (g), or (i), the Board 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

[[Page 809]]

the Board 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 Board shall simultaneously file an 
appeal in accordance with Sec. 268.403 and append a copy of its appeal 
to the final order. A copy of EEOC Form 573 shall be attached to the 
final order.
    (b) Final action by the Board in all other circumstances. When the 
Board dismisses an entire complaint under Sec. 268.106, receives a 
request for an immediate final decision or does not receive a reply to 
the notice issued under Sec. 268.107(f), the Board shall take final 
action by issuing a final decision. The final decision shall consist of 
findings by the Board 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 F of this part. The Board shall issue the final 
decision within 60 days of receiving notification that a complainant has 
requested an immediate decision from the Board, 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 applicable 
time limits for appeals and lawsuits. A copy of EEOC Form 573 shall be 
attached to the final action. The Board may issue a final decision 
within 30 days after receiving a decision of the Commission pursuant to 
Sec. 268.405(c) of this part.