---
kind: "section"
citation: "5 C.F.R. § 1201.161"
title: "5"
number: "1201.161"
heading: "Action by the Equal Employment Opportunity Commission; judicial review."
url: "https://uscodex.org/cfr/5/1201.161"
---

# §1201.161. Action by the Equal Employment Opportunity Commission; judicial review.

- (a) **Time limit for determination.** In cases in which an appellant petitions the Equal Employment Opportunity Commission (Commission) for consideration of the Board's decision under [5 U.S.C. 7702(b)(2)](/usc/5/7702.md?p=b-2), the Commission will determine, within 30 days after the date of the petition, whether it will consider the decision.
- (b) **Judicial review.** The Board's decision will become judicially reviewable on:
  - (1) The date on which the decision is issued, if the appellant does not file a petition with the Commission under [5 U.S.C. 7702(b)(1)](/usc/5/7702.md?p=b-1); or
  - (2) The date of the Commission's decision that it will not consider the petition filed under [5 U.S.C. 7702(b)(2)](/usc/5/7702.md?p=b-2).
- (c) **Commission processing and time limits.** If the Commission decides to consider the decision of the Board, within 60 days after making its decision it will complete its consideration and either:
  - (1) Concur in the decision of the Board; or
  - (2) Issue in writing and forward to the Board for its action under [§ 1201.162](/cfr/5/1201.162.md) of this subpart another decision, which differs from the decision of the Board to the extent that the Commission finds that, as a matter of law:
    - (i) The decision of the Board constitutes an incorrect interpretation of any provision of any law, rule, regulation, or policy directive related to prohibited discrimination; or
    - (ii) **The evidence in the record as a whole does not support the decision involving that provision.**
- (d) **Transmittal of record.** The Board will transmit a copy of its record to the Commission upon request.
- (e) **Development of additional evidence.** When asked by the Commission to do so, the Board or a judge will develop additional evidence necessary to supplement the record. This action will be completed within a period that will permit the Commission to make its decision within the statutory 60-day time limit referred to in [paragraph (c)](#c) of this section. The Board or the judge may schedule additional proceedings if necessary in order to comply with the Commission's request.
- (f) **Commission concurrence in Board decision.** If the Commission concurs in the decision of the Board under [5 U.S.C. 7702(b)(3)(A)](/usc/5/7702.md?p=b-3-A), the appellant may file suit in an appropriate United States district court.

## Notes

### Authority

Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted.

### Source

Source: 54 FR 53504, Dec. 29, 1989, unless otherwise noted.