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Last revision: April 10, 1992
§1614.503 Enforcement of final Commission decisions.
(a) Petition for enforcement. A complainant may petition the
Commission for enforcement of a decision issued under the Commission's
appellate jurisdiction. The petition shall be submitted to the Office
of Federal Operations. The petition shall specifically set forth the
reasons that lead the complainant to believe that the agency is not
complying with the decision.
(b) Compliance. On behalf of the Commission, the Office of
Federal Operations shall take all necessary action to ascertain
whether the agency is implementing the decision of the Commission. If
the agency is found not to be in compliance with the decision, efforts
shall be undertaken to obtain compliance.
(c) Clarification. On behalf of the Commission, the Office of
Federal Operations may, on its own motion or in response to a petition
for enforcement or in connection with a timely request for
reconsideration, issue a clarification of a prior decision. A
clarification cannot change the result of a prior decision or enlarge
or diminish the relief ordered but may further explain the meaning or
intent of the prior decision.
(d) Referral to the Commission. Where the Director, Office of
Federal Operations, is unable to obtain satisfactory compliance with
the final decision, the Director shall submit appropriate findings and
recommendations for enforcement to the Commission, or, as directed by
the Commission, refer the matter to another appropriate agency.
(e) Commission notice to show cause. The Commission may issue a
notice to the head of any Federal agency that has failed to comply
with a decision to show cause why there is noncompliance. Such notice
may request the head of the agency or a representative to appear
before the Commission or to respond to the notice in writing with
adequate evidence of compliance or with compelling reasons for
(f) Certification to the Office of Special Counsel. Where
appropriate and pursuant to the terms of a memorandum of
understanding, the Commission may refer the matter to the Office of
Special Counsel for enforcement action.
(g) Notification to complainant of completion of administrative
efforts. Where the Commission has determined that an agency is not
complying with a prior decision, or where an agency has failed or
refused to submit any required report of compliance, the Commission
shall notify the complainant of the right to file a civil action for
enforcement of the decision pursuant to Title VII, the ADEA, the Equal
Pay Act or the Rehabilitation Act and to seek judicial review of the
agency's refusal to implement the ordered relief pursuant to the
Administrative Procedure Act, 5 U.S.C. 701 et seq., and the mandamus
statute, 28 U.S.C. 1361, or to commence de novo proceedings pursuant
to the appropriate statutes.