---
kind: "section"
citation: "29 C.F.R. § 1601.78"
title: "29"
number: "1601.78"
heading: "Evaluation of designated FEP agencies certified by the Commission."
url: "https://uscodex.org/cfr/29/1601.78"
---

# §1601.78. Evaluation of designated FEP agencies certified by the Commission.


To assure that designated FEP agencies certified by the Commission, as provided in [§ 1601.75](/cfr/29/1601.75.md) of this part, continue to maintain performance consistent with the Commission's Substantial Weight Review Procedures, the Commission shall provide for the evaluation of such agencies as follows:

- (a) Each designated FEP agency certified by the Commission shall be evaluated at least once every 3 years; and
- (b) Each designated FEP agency certified by the Commission shall be evaluated when, as a result of a substantial weight review requested as provided in [§ 1601.76](/cfr/29/1601.76.md) of this part or required in regard to cases closed as a result of unsuccessful conciliation or for lack of jurisdiction as provided in [§ 1601.77](/cfr/29/1601.77.md) of this part, the Commission rejects more than 5% of a designated FEP agency's findings at the end of the year or 20% or more of its findings for two consecutive quarters. When the Commission rejects 20% or more of a designated FEP agency's findings during any quarter, the Commission shall initiate an inquiry and may conduct an evaluation.
- (c) **The Commission may, on its own motion, require an evaluation at any time.**

## Notes

### Amendments

[46 FR 50367, Oct. 13, 1981. Redesignated at 56 FR 9625, Mar. 7, 1991; 85 FR 65219, Oct. 15, 2020]

### Authority

Authority: 42 U.S.C. 2000e to 2000e-17; 42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to 2000ff-11; 42 U.S.C. 2000gg to 2000gg-6; 28 U.S.C. 2461 note, as amended; Pub. L. 104-134, Sec. 31001(s)(1), 110 Stat. 1373.

### Source

Source: 42 FR 55388, Oct. 14, 1977, unless otherwise noted.

### Amendments

[46 FR 50367, Oct. 13, 1981. Redesignated at 56 FR 9625, Mar. 7, 1991; 85 FR 65219, Oct. 15, 2020]