(a) Final action by the Board
following a decision by an administrative judge. When an EEOC
administrative judge has issued a decision under sections 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 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 section
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 section 268.106,
receives a request for an immediate final decision, or does not receive
a reply to the notice issued under section 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 section 268.405(c) of this part.
