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Last revision: April 10, 1992
§1614.403 How to appeal.
(a) The complainant, agent, grievant or individual class claimant
(hereinafter complainant) must file an appeal with the Director,
Office of Federal Operations, Equal Employment Opportunity Commission,
at P.O. Box 19848, Washington, DC 20036, or by personal delivery or
facsimile. The complainant should use EEOC Form 573, Notice of
Appeal/Petition, and should indicate what he or she is appealing.
(b) The complainant shall furnish a copy of the appeal to the
agency's EEO Director (or whomever is designated by the agency in the
dismissal or decision) at the same time that he or she files the
appeal with the Commission. In or attached to the appeal to the
Commission, the complainant must certify the date and method by which
service was made on the agency.
(c) If a complainant does not file an appeal within the time
limits of this subpart, the appeal will be untimely and shall be
dismissed by the Commission.
(d) Any statement or brief in support of the appeal must be
submitted to the Director, Office of Federal Operations, and to the
agency within 30 days of filing the appeal. Following receipt of the
appeal and any brief in support of the appeal, the Director, Office of
Federal Operation, will request the complaint file from the agency.
The agency must submit the complaint file and any agency statement or
brief in opposition to the appeal to the Director, Office of Federal
Operations, within 30 days of receipt of the Commission's request for
the complaint file, which has been made by certified mail. A copy of
the agency's statement or brief must be served on the complainant at
the same time.