(a) Appeals described in § 1614.401(a) and (c) must be filed within 30 days of receipt of the dismissal, final action or decision. Appeals described in § 1614.401(b) must be filed within 40 days of receipt of the hearing file and decision. Appeals described in § 1614.401(d) must be filed within 30 days of receipt of the final decision of the agency, the arbitrator or the Federal Labor Relations Authority. Where a complainant has notified the EEO Director of alleged noncompliance with a settlement agreement in accordance with § 1614.504, the complainant may file an appeal 35 days after service of the allegations of noncompliance, but no later than 30 days after receipt of an agency's determination.
(b) If the complainant is represented by an attorney of record, then the 30-day time period provided in paragraph (a) of this section within which to appeal shall be calculated from the receipt of the required document by the attorney. In all other instances, the time within which to appeal shall be calculated from the receipt of the required document by the complainant.
[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999; 77 FR 43505, July 25, 2012]
Notes of Decisions
Cited in
63
cases (
11 in the last 5 years), 1995–2025 · leading case:
Gonzalez v. Otero, 864 F.3d 45 (1st Cir. 2017).
Gonzalez v. Otero, 864 F.3d 45 (1st Cir. 2017).
“See 29 C.F.R. §§ 1614.402 (a), 1614.407(a). Franco did neither.”
Walch v. Adjutant Gen.'s Dep't, 533 F.3d 289 (5th Cir. 2008).
“29 C.F.R. § 1614.402 . On the other hand, if the NGB has formally dismissed Major Walch's claims and the time for appeal has passed, the time periods for appeal are subject to equitable tolling.”
Artis v. Greenspan, 223 F. Supp. 2d 149 (D.D.C. 2002).
“29 C.F.R. § 1614.402 (a). A party must file a civil action within 90 days of notice of final agency action if there is no appeal to the EEOC, or within 90 days of final EEOC action.”
Jenkins v. Potter, 271 F. Supp. 2d 557 (S.D.N.Y. 2003).
· cites it 3× “Viewing the facts in a light most favorable to plaintiff, plaintiffs representa-five Brown did not timely file a Notice of Appeal following the Postal Service’s November 8, 2000 Notice of Final Action.”
STAROPOLI v. Donahoe, 786 F. Supp. 2d 384 (D.D.C. 2011).
· cites it 2× “” 29 C.F.R. § 1614.402 (a). This 30-day appeals period applies regardless of whether the final agency action is in the form of a final agency order issued pursuant to 29 C.”
Lockett v. Potter, 259 F. App'x 784 (6th Cir. 2008).
“29 C.F.R. § 1614.402 (a). Within ninety days of receiving notice of the final agency action or the EEOC decision, or within 180 days of filing the initial complaint with the agency or the appeal with the EEOC, the employee can file civil suit in a U.”
Ramsey v. Moniz, 75 F. Supp. 3d 29 (D.D.C. 2014).
“A complainant who receives an adverse fi- .”
Stone v. West, 133 F. Supp. 2d 972 (E.D. Mich. 2001).
· cites it 2× “(AR at 1-16-17; see also 29 C.F.R. §§ 1614.402 (a), 1614.408(a).) Plaintiff chose to appeal to the EEOC.”
Norris v. Salazar, 885 F. Supp. 2d 402 (D.D.C. 2012).
“The plaintiff, however, failed to appeal within the thirty-day appeals window allowed by EEOC regulation 29 C.F.R. § 1614.402 and instead filed four days late.”
Miller v. Rosenker, 578 F. Supp. 2d 67 (D.D.C. 2008).
“29 CFR § 1614.402 . It is uncontested that Plaintiff did not file an appeal before the EEOC deadline had expired.”
Puckett v. Potter, 342 F. Supp. 2d 1056 (M.D. Ala. 2004).
· cites it 2× “29 C.F.R. § 1614.402 (a). On behalf of the EEOC, the Office of Federal Operations (OFO) will review the appeal and issue a decision.”
Ellison v. Napolitano, 901 F. Supp. 2d 118 (D.D.C. 2012).
“At the conclusion of the agency’s investigation, the complainant may request a hearing before an EEOC administrative judge or an immediate final decision by the agency. See id. § 1614.108(f). A complainant who receives an adverse final decision from the agency may appeal that…”
— 29 C.F.R. § 1614.402(a) — 4 cases
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