[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR7.38]



[Page 130-131]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 7_EQUAL EMPLOYMENT OPPORTUNITY; POLICY, PROCEDURES AND PROGRAMS

--Table of Contents

 

  Subpart A_Equal Employment Opportunity Without Regard to Race, Color 

       Religion, Sex, National Origin, Age, Disability or Reprisal

 

Sec.  7.38  Appeals.



    (a) Appeals to the EEOC. (1) A Complainant may appeal the 

Department's final action or dismissal of a complaint. The regulations 

at 29 CFR part 1614, subpart D, govern a Complainant's right of appeal.

    (2) The Department may appeal as provided in 29 CFR 1614.110(a).

    (3) A class agent or the Department may appeal an EEOC 

Administrative Judge's decision accepting or dismissing all or part of a 

class complaint; a class agent may appeal a final decision on a class 

complaint; a class member may appeal a final decision on a claim for 

individual relief under a class complaint; and a class member, a class 

agent or the Department may appeal a final decision on a petition 

pursuant to 29 CFR 1614.204(g)(4).

    (b) Time limits for appeals to the EEOC. Appeals described in 29 CFR 

1614.401 (a) and (c) must be filed within 30 days of Complainant's 

receipt of the dismissal, final action or decision, or within 30 days of 

receipt by the attorney of record, if represented. Appeals described in 

29 CFR 1614.401(b) must be filed within 40 days of receipt of the 

hearing file and decision. Where a Complainant has notified the Director 

of EEO of alleged noncompliance with a settlement agreement in 

accordance with 29 CFR 1614.504, the Complainant may file an appeal 35 

days after service of the allegations of noncompliance, but no later 

than 30 days after receipt of the Department's determination.

    (c) How to appeal. (1) The Complainant, the Department, a class 

agent, grievant or individual class claimant (referred to elsewhere in 

this part as the appellant) must file an appeal with the Director, 

Office of Federal Operations, Equal Employment Opportunity Commission, 

at P.O. Box 19848, Washington, DC 20036, or by personal delivery or 

facsimile. The appellant should use EEOC Form 573, Notice of Appeal/

Petition, and should indicate what is being appealed.

    (2) The appellant shall furnish a copy of the appeal to the opposing 

party at the same time the appeal is filed with the EEOC. In or attached 

to the appeal to the EEOC, the appellant must certify the date and 

method by which service was made on the opposing party.

    (3) If an appellant does not file an appeal within the time limits 

of this section, the appeal shall be dismissed by the EEOC as untimely.

    (4) Any statement or brief on behalf of a Complainant in support of 

the appeal must be submitted to the Office of Federal Operations within 

30 days of filing the notice of appeal. Any statement or brief on behalf 

of the Department in support of its appeal must be submitted to the 

Office of Federal Operations within 20 days of filing the notice of 

appeal. The Office of Federal Operations will accept statements or 

briefs in support of an appeal by facsimile transmittal, provided they 

are no more than 10 pages long.

    (5) The Department must submit the complaint file to the Office of 

Federal Operations within 30 days of initial notification that the 

Complainant has filed an appeal or within 30 days of submission of an 

appeal by the Department.



[[Page 131]]



    (6) The Department may be represented by the Office of General 

Counsel in appeals before the Office of Federal Operations.

    (7) Any statement or brief in opposition to an appeal must be 

submitted to the EEOC and served on the opposing party within 30 days of 

receipt of the statement or brief supporting the appeal, or, if no 

statement or brief supporting the appeal is filed, within 60 days of 

receipt of the appeal. The Office of Federal Operations will accept 

statements or briefs in opposition to an appeal by facsimile provided 

they are no more than 10 pages long.

    (d) Request for reconsideration. A decision issued under paragraph 

(a) of Sec.  1614.405 is final within the meaning of 29 CFR 1614.407 

unless the EEOC reconsiders the case. A party may request 

reconsideration within 30 days of receipt of a decision of the EEOC, 

which the EEOC 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 Department.



                  Other Complaint and Appeal Procedures