Page:United States Statutes at Large Volume 92 Part 1.djvu/1195

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1141

the agency shall resolve such matter within 120 days. The decision of the agency in any such matter shall be a judicially reviewable action unless the employee appeals the matter to the Board under paragraph (1^ of this subsection. "(3) Any decision of the Board under paragraph (1) of this subsection shall be a judicially reviewable action as of— "(A) the date of issuance of the decision if the employee or applicant does not file a petition with the Equal Employment Opportunity Commission under subsection (b)(1) of this section, or "(B) the date the Commission determines not to consider the decision under subsection (b)(2) of this section. "(b)(1) An employee or applicant may, within 30 days after notice of the decision of the Board under subsection (a)(1) of this section, petition the Commission to consider the decision. " (2) The Commission shall, within 30 days after the date of the petition, determine whether to consider the decision. A determination of the Commission not to consider the decision may not be used as evidence with respect to any issue of discrimination in any judicial proceeding concerning that issue. "(3) If the Commission makes a determination to consider the decision, the Commission shall, within 60 days after the date of the determination, consider the entire record of the proceedings of the Board and, on the basis of the evidentiary record before the Board, as supplemented under paragraph (4) of this subsection, either— "(A) concur in the decision of the Board; or "(B) issue in writing 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 referred to in subsection (a)(1)(B) of this section, or "(ii) the decision involving such provision is not supported by the evidence in the record as a whole. " (4) In considering any decision of the Board under this subsection, the Commission may refer the case to the Board, or provide on its own, for the taking (within such period as permits the Commission to make a decision within the 60-day period prescribed under this subsection) of additional evidence to the extent it considers.necessary to supplement the record. " (5)(A) If the Commission concurs pursuant to paragraph (3)(A) of this subsection in the decision of the Board, the decision of the Board shall be a judicially reviewable action. " (B) If the Commission issues any decision under paragraph (3)(B) of this subsection, the Commission shall immediately refer the matter to the Board. "(c) Within 30 days after receipt by the Board of the decision of the Commission under subsection (b)(5)(B) of this section, the Board shall consider the decision and— "(1) concur and adopt in whole the decision of the Commission; or "(2) to the extent that the Board finds that, as a matter of law. (A) the Commission decision constitutes an incorrect interpretation of any provision of any civil service law, rule, regulation or policy directive, or (B) the Commission decision involving

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