(a) Petition for enforcement. A complainant may petition the Commission for enforcement of a decision
issued under the Commission’s appellate jurisdiction. The petition
shall be submitted to the Office of Federal Operations. The petition
shall specifically set forth the reasons that lead the complainant
to believe that the Board is not complying with the decision.
(b) Compliance. On behalf of the Commission,
the Office of Federal Operations shall take all necessary action to
ascertain whether the Board is implementing the decision of the Commission.
If the Board is found not to be in compliance with the decision, efforts
shall be undertaken to obtain compliance.
(c) Clarification. On behalf of the Commission,
the Office of Federal Operations may, on its own motion or in response
to a petition for enforcement or in connection with a timely request
for reconsideration, issue a clarification of a prior decision. A
clarification cannot change the result of a prior decision or enlarge
or diminish the relief ordered but may further explain the meaning
or intent of the prior decision.
(d) Referral to the Commission. Where the director, Office of Federal
Operations, is unable to obtain satisfactory compliance with the final
decision, the director shall submit appropriate findings and recommendations
for enforcement to the Commission, or, as directed by the Commission,
refer the matter to another appropriate agency.
8-507
(e) Commission notice to show cause. The Commission
may issue a notice to the chairman of the Board to show cause why
there is noncompliance. Such notice may request the chairman of the
Board or a representative to appear before the Commission or to respond
to the notice in writing with adequate evidence of compliance or with
compelling reasons for noncompliance.
(f) Notification to complainant of completion of
administrative efforts. Where the Commission has determined that
the Board is not complying with a prior decision, or where the Board
has failed or refused to submit any required report of compliance,
the Commission shall notify the complainant the right to file a civil
action for enforcement of the decision pursuant to title VII, the
ADEA, the Equal Pay Act, or the Rehabilitation Act and to seek judicial
review of the Board’s refusal to implement the ordered relief pursuant
to the Administrative Procedures Act, 5 U.S.C. 701 et seq.,
and the mandamus statute, 28 U.S.C. 1361, or to commence de novo proceedings
pursuant to the appropriate statutes.
