[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.110]

[Page 277-278]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY 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

[[Page 278]]

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 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]