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Last revision:  April 10, 1992
 
 §1614.107   Dismissals of complaints.                                  
  
     The agency shall dismiss a complaint or a portion of a complaint: 
     (a) That fails to state a claim under  1614.103 or  1614.106(a) or
 states the same claim that is pending before or has been decided by   
 the agency or Commission;                                             
     (b) That fails to comply with the applicable time limits contained
 in   1614.105, 1614.106 and 1614.204(c), unless the agency extends the
 time limits in accordance with  1614.604(c), or that raises a matter  
 that has not been brought to the attention of a Counselor and is not  
 like or related to a matter that has been brought to the attention of 
 a Counselor;                                                          
     (c) That is the basis of a pending civil action in a United States
 District Court in which the complainant is a party provided that at   
 least 180 days have passed since the filing of the administrative     
 complaint, or that was the basis of a civil action decided by a United
 States District Court in which the complainant was a party;           
     (d) Where the complainant has raised the matter in a negotiated   
 grievance procedure that permits allegations of discrimination or in  
 an appeal to the Merit Systems Protection Board and  1614.301
  or      
  1614.302 indicates that the complainant has elected to pursue the    
 non-EEO process;                                                      
     (e) That is moot or alleges that a proposal to take a personnel   
 action, or other preliminary step to taking a personnel action, is    
 discriminatory;                                                       
     (f) Where the complainant cannot be located, provided that        
 reasonable efforts have been made to locate the complainant and the   
 complainant has not responded within 15 days to a notice of proposed  
 dismissal sent to his or her last known address;                      
     (g) Where the agency has provided the complainant with a written  
 request to provide relevant information or otherwise proceed with the 
 complaint, and the complainant has failed to respond to the request   
 within 15 days of its receipt or the complainant's response does not  
 address the agency's request, provided that the request included a    
 notice of the proposed dismissal.  Instead of dismissing for failure  
 to cooperate, the complaint may be adjudicated if sufficient          
 information for that purpose is available;  or                        
     (h) If, prior to the issuance of the notice required by           
  1614.108(f), the complainant refuses within 30 days of receipt of an 
 offer of settlement to accept an agency offer of full relief          
 containing a certification from the agency's EEO Director, Chief Legal
 Officer or a designee reporting directly to the EEO Director or the   
 Chief Legal Officer that the offer constitutes full relief, provided  
 that the offer gave notice that failure to accept would result in     
 dismissal of the complaint.  An offer of full relief under this       
 subsection is the appropriate relief in  1614.501.