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Last revision: April 10, 1992
§1614.310 Right to file a civil action.
An individual who has a complaint processed pursuant to 5 CFR part
1201, subpart E or this subpart is authorized by 5 U.S.C. 7702 to file
a civil action in an appropriate United States District Court:
(a) Within 30 days of receipt of a final decision issued by an
agency on a complaint unless an appeal is filed with the MSPB; or
(b) Within 30 days of receipt of notice of the final decision or
action taken by the MSPB if the individual does not file a petition
for consideration with the EEOC; or
(c) Within 30 days of receipt of notice that the Commission has
determined not to consider the decision of the MSPB; or
(d) Within 30 days of receipt of notice that the Commission
concurs with the decision of the MSPB; or
(e) If the Commission issues a decision different from the
decision of the MSPB, within 30 days of receipt of notice that the
MSPB concurs in and adopts in whole the decision of the Commission;
or
(f) If the MSPB does not concur with the decision of the
Commission and reaffirms its initial decision or reaffirms its initial
decision with a revision, within 30 days of the receipt of notice of
the decision of the Special Panel; or
(g) After 120 days from the date of filing a formal complaint if
there is no final action or appeal to the MSPB; or
(h) After 120 days from the date of filing an appeal with the MSPB
if the MSPB has not yet made a decision; or
(i) After 180 days from the date of filing a petition for
consideration with Commission if there is no decision by the
Commission, reconsideration decision by the MSPB or decision by the
Special Panel.