29 C.F.R. § 1614.404

Appellate procedure

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) On behalf of the Commission, the Office of Federal Operations shall review the complaint file and all written statements and briefs from either party. The Commission may supplement the record by an exchange of letters or memoranda, investigation, remand to the agency or other procedures.

(b) If the Office of Federal Operations requests information from one or both of the parties to supplement the record, each party providing information shall send a copy of the information to the other party.

(c) When either party to an appeal fails without good cause shown to comply with the requirements of this section or to respond fully and in timely fashion to requests for information, the Office of Federal Operations shall, in appropriate circumstances:

(1) Draw an adverse inference that the requested information would have reflected unfavorably on the party refusing to provide the requested information;

(2) Consider the matters to which the requested information or testimony pertains to be established in favor of the opposing party;

(3) Issue a decision fully or partially in favor of the opposing party; or

(4) Take such other actions as appropriate.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2015–2026 · leading case: Johnson v. Brennan, 144 F. Supp. 3d 121 (D.D.C. 2015).

Sort: Relevance Newest Treatment

Johnson v. Brennan, 144 F. Supp. 3d 121 (D.D.C. 2015). “2005) (citing 29 C.F.R. §§ 1614.404 , 1614.405). The regulations also provide that, where an employee is dissatisfied with an agency’s final action— whether related to an AJ’s decision or not — the employee has “two options: [he] may either file suit [in district court] or…”

Potter (D. Ariz. 2026). · cites it 2× “29 C.F.R. § 1614.404 . 14 The OFO’s decision constitutes a final agency action and triggers the complainant’s right 15 to file a civil action.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.