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Last revision: April 10, 1992
§1614.502 Compliance with final Commission decisions.
(a) Relief ordered in a final decision on appeal to the Commission
is mandatory and binding on the agency except as provided in
1614.405(b). Failure to implement ordered relief shall be subject to
judicial enforcement as specified in 1614.503(g).
(b) Notwithstanding paragraph (a) of this section, when the agency
requests reconsideration, when the case involves removal, separation,
or suspension continuing beyond the date of the request for
reconsideration, and when the decision recommends retroactive
restoration, the agency shall comply with the decision only to the
extent of the temporary or conditional restoration of the employee to
duty status in the position recommended by the Commission, pending the
outcome of the agency request for reconsideration.
(1) Service under the temporary or conditional restoration
provisions of this paragraph (b) shall be credited toward the
completion of a probationary or trial period, eligibility for a
within-grade increase, or the completion of the service requirement
for career tenure, if the Commission upholds its decision after
(2) The agency shall notify the Commission and the employee in
writing, at the same time it requests reconsideration, that the relief
it provides is temporary or conditional.
(c) When no request for reconsideration is filed or when a request
for reconsideration is denied, the agency shall provide the relief
ordered and there is no further right to delay implementation of the
ordered relief. The relief shall be provided in full not later than
60 days after receipt of the final decision unless otherwise ordered
in the decision.