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CFR › Title 29 › Subtitle B › Chapter XIV › Part 1614 › Subpart D › Section 1614.405

29 CFR 1614.405 - Decisions on appeals.

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§ 1614.405
Decisions on appeals.
(a) The Office of Federal Operations, on behalf of the Commission, shall issue a written decision setting forth its reasons for the decision. The Commission shall dismiss appeals in accordance with §§ 1614.107, 1614.403(c) and 1614.410. The decision shall be based on the preponderance of the evidence. The decision on an appeal from an agency's final action shall be based on a de novo review, except that the review of the factual findings in a decision by an administrative judge issued pursuant to § 1614.109(i) shall be based on a substantial evidence standard of review. If the decision contains a finding of discrimination, appropriate remedy(ies) shall be included and, where appropriate, the entitlement to interest, attorney's fees or costs shall be indicated. The decision shall reflect the date of its issuance, inform the complainant of his or her or her civil action rights, and be transmitted to the complainant and the agency by first class mail.
(b) A decision issued under paragraph (a) of this section is final within the meaning of § 1614.407 unless the Commission reconsiders the case. A party may request reconsideration within 30 days of receipt of a decision of the Commission, which the Commission 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 agency.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999]

Title 29 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 29.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-08-24; vol. 77 # 165 - Friday, August 24, 2012
    1. 77 FR 51469 - Change of Address for Merit Systems Protection Board
      GPO FDSys XML | Text
      EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
      Final rule.
      Effective August 24, 2012.
      29 CFR Part 1614

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S.C. : Title 29 - LABOR

§ 206 - Minimum wage

§ 633a - Nondiscrimination on account of age in Federal Government employment

§ 791 - Employment of individuals with disabilities

§ 794a - Remedies and attorney fees

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

42 USC § 2000e–16 - Employment by Federal Government

42 USC § 2000ff–6 - Remedies and enforcement

Presidential Documents

Executive Order ... 10577

Executive Order ... 11222

Executive Order ... 11478

Executive Order ... 12106

Reorganization ... 1978 Plan No. 1

Title 29 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 29 CFR 1614 after this date.

  • 2012-08-24; vol. 77 # 165 - Friday, August 24, 2012
    1. 77 FR 51469 - Change of Address for Merit Systems Protection Board
      GPO FDSys XML | Text
      EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
      Final rule.
      Effective August 24, 2012.
      29 CFR Part 1614