(a) Appeals described in section 268.401(a) and (c) must
be filed within 30 days of receipt of the dismissal, final action,
or decision. Appeals described in section 268.401(b) must be filed
within 40 days of receipt of the hearing file and decision. Where
a complainant has notified the Board’s EEO programs director of alleged
noncompliance with a settlement agreement in accordance with section
268.504, 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 Board’s determination.
(b) If the complainant
is represented by an attorney of record, then the 30-day time period
provided in paragraph (a) of this section within which to appeal shall
be calculated from the receipt of the required document by the attorney.
In all other instances, the time within which to appeal shall be calculated
from the receipt of the required document by the complainant.
