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Last revision:  April 10, 1992
 
 §1614.504  Compliance with settlement agreements and final decisions.
                                                             
  
     (a) Any settlement agreement knowingly and voluntarily agreed to  
 by the parties, reached at any stage of the complaint process, shall  
 be binding on both parties.  A final decision that has not been the   
 subject of an appeal or civil action shall be binding on the agency.  
 If the complainant believes that the agency has failed to comply with 
 the terms of a settlement agreement or final decision, the complainant
 shall notify the EEO Director, in writing, of the alleged             
 noncompliance within 30 days of when the complainant knew or should   
 have known of the alleged noncompliance.  The complainant may request 
 that the terms of settlement agreement be specifically implemented or,
 alternatively, that the complaint be reinstated for further processing
 from the point processing ceased.                                     
     (b) The agency shall resolve the matter and respond to the        
 complainant, in writing.  If the agency has not responded to the      
 complainant, in writing, or if the complainant is not satisfied with  
 the agency's attempt to resolve the matter, the complainant may appeal
 to the Commission for a determination as to whether the agency has    
 complied with the terms of the settlement agreement or final decision.
  The complainant may file such an appeal 35 days after he or she has  
 served the agency with the allegations of noncompliance, but must file
 an appeal within 30 days of his or her receipt of an agency's         
 determination.  The complainant must serve a copy of the appeal on the
 agency and the agency may submit a response to the Commission within  
 30 days of receiving notice of the appeal.                            
     (c) Prior to rendering its determination, the Commission may      
 request that parties submit whatever additional information or        
 documentation it deems necessary or may direct that an investigation  
 or hearing on the matter be conducted.  If the Commission determines  
 that the agency is not in compliance and the noncompliance is not     
 attributable to acts or conduct of the complainant, it may order such 
 compliance or it may order that the complaint be reinstated for       
 further processing from the point processing ceased.  Allegations that
 subsequent acts of discrimination violate a settlement agreement shall
 be processed as separate complaints under  1614.106 or  1614.204, as  
 appropriate, rather than under this section.