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Last revision:  April 10, 1992
 
 §1614.305  Consideration procedures.                                   
  
     (a) Once a petition is filed, the Commission will examine it and  
 determine whether the Commission will consider the decision of the    
 MSPB.  An agency may oppose the petition, either on the basis that the
 Commission should not consider the MSPB's decision or that the        
 Commission should concur in the MSPB's decision, by filing any such   
 argument with the Office of Federal Operations and serving a copy on  
 the petitioner within 15 days of receipt by the Commission.           
     (b) The Commission shall determine whether to consider the        
 decision of the MSPB within 30 days of receipt of the petition by the 
 Commission's Office of Federal Operations.  A determination of the    
 Commission not to consider the decision shall not be used as evidence 
 with respect to any issue of discrimination in any judicial proceeding
 concerning that issue.                                                
     (c) If the Commission makes a determination to consider the       
 decision, the Commission shall within 60 days of the date of its      
 determination, consider the entire record of the proceedings of the   
 MSPB and on the basis of the evidentiary record before the Board as   
 supplemented in accordance with paragraph (d) of this section, either:
                                                                       
     (1) Concur in the decision of the MSPB;  or                       
     (2) Issue in writing a decision that differs from the decision of 
 the MSPB to the extent that the Commission finds that, as a matter of 
 law:                                                                  
     (i) The decision of the MSPB constitutes an incorrect             
 interpretation of any provision of any law, rule, regulation, or      
 policy directive referred to in 5 U.S.C. 7702(a)(1)(B);  or           
     (ii) The decision involving such provision is not supported by the
 evidence in the record as a whole.                                    
     (d) In considering any decision of the MSPB, the Commission,      
 pursuant to 5 U.S.C. 7702(b)(4), may refer the case to the MSPB for   
 the taking of additional evidence within such period as permits the   
 Commission to make a decision within the 60-day period prescribed or  
 provide on its own for the taking of additional evidence to the extent
 the Commission considers it necessary to supplement the record.       
     (e) Where the EEOC has differed with the decision of the MSPB     
 under 1614.305(c)(2), the Commission shall refer the matter to the   
 MSPB.