29 CFR 1614.310 - Right to file a civil action
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§ 1614.310 Right to file a civil action.

An individual who has a complaint processed pursuant to 5 CFR part 1201, subpart E
or this subpart is authorized by 5 U.S.C. 7702 to file a civil action in an appropriate
United States District Court :

( a ) Within 30 days of receipt of a final decision issued by an agency on a complaint
unless an appeal is filed with the MSPB; or

( b ) Within 30 days of receipt of notice of the final decision or action taken by the
MSPB if t he individual does not file a petition for consideration with the EEOC; or

(c)        Within 30 days of receipt of notice that the Commission has determined not to
consider the decision of the MSPB; or

( d ) Within 30 days of receipt of notice that the Commission concurs wit h the
decision of the MSPB; or

(e)        If t he Commission issues a decision different from the decision of the MSPB,
within 30 days of receipt of notice that the MSPB concurs in and adopts in whole the
decision of the Commission; or

(f)        If the MSPB does not concur with the decision of the Commission and
reaffirms its initial decision or reaffirms its initial decision with a revision, within  30
days of the receipt of notice of the decision of the Special Panel; or

(g)        After 120 days from the date of filing a formal complaint if there is no final
action or appeal to the MSPB; or

( h ) After 120 days from the date of filing an appeal with the MSPB if the MSPB has not
yet made a decision; or

(i) After 180 days from the date of filing a petition for consideration wit h Commission
if there is no decision by the Commission, reconsideration decision by the MSPB or
decision by the Special Panel.