(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 sections 268.106, 268.403(c), and 268.408. The decision shall
be based on the preponderance of the evidence. The decision on an
appeal from the Board’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 section 268.108(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 civil action
rights, and be transmitted to the complainant and the Board by first
class mail.
(b) The Office of Federal Operations, on behalf
of the Commission, shall issue decisions on appeals of decisions to
accept or dismiss a class complaint issued pursuant to section 268.204(d)(7)
within 90 days of receipt of the appeal.
(c) A decision issued
under paragraph (a) of this section is final within the meaning of
section 268.406 unless the Board issues a final decision under paragraph
(d) of this section or unless a timely request for reconsideration
is filed by a party to 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 Board.
(d) The Board, within 30 days of receiving
a decision of the Commission, may issue a final decision based upon
that decision, which shall be final within the meaning of section
268.406.
