(a) The complainant, the Board, agent or individual class
claimant (hereinafter appellant) must file an appeal with the Director,
Office of Federal Operations, Equal Employment Opportunity Commission,
at P.O. Box 77960, Washington, DC 20013, or electronically, or by
personal delivery or facsimile. The appellant should use EEOC Form
573, Notice of Appeal/Petition, and should indicate what is being
appealed.
(b) The appellant shall furnish a copy of the appeal to the
opposing party at the same time it is filed with the Commission. In
or attached to the appeal to the Commission, the appellant must certify
the date and method by which service was made on the opposing party.
(c) If an appellant does not file an appeal within
the time limits of this subpart, the appeal shall be dismissed by
the Commission as untimely.
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(d) 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 Board in support
of its appeal must be submitted to the Office of Federal Operations
within 20 days 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.
(e) The Board 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 Board.
(f) Any statement or brief in opposition
to an appeal must be submitted to the Commission 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.
(g) The Board will submit appeals, complaint files, and
other filings to the Commission’s Office of Federal Operations in
a digital format acceptable to the Commission, absent a showing of
good cause why the Board cannot submit digital records. Appellants
are encouraged, but not required, to submit digital appeals and supporting
documentation to the Commission’s Office of Federal Operations in
a format acceptable to the Commission.