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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations
adjustment of the complaint is not acceptable to the complainant, or the EEOP Director determines that such an offer is inappropriate, the EEOP Director shall forward the complaint file with a written notification of the findings of facts, and his or her recommendations of the proposed disposition of the complaint to the CEO or their designee.
The aggrieved party shall receive a copy of the notification and recommendation and shall be advised of the right to appeal the recommended disposition to the CEO or their designee. Within ten 10 calendar days of receipt of such notice the complainant may submit his or her appeal of the recommended disposition to the CEO or their designee.
d If no timely notice of appeal is received from the aggrieved party, the CEO or their designee may adopt the proposed disposition as the Final Agency Decision. If the aggrieved party appeals, the CEO, or a designee who has been delegated authority to issue such a decision, after review of the total complaint file, shall issue a decision to the aggrieved party. The decision of the CEO, or their designee, shall be in writing, state the reasons underlying the decision, shall be the Final Agency Decision, shall inform the aggrieved party of the right to file a civil action as described in 1225.21, and, if appropriate, designate the procedure to be followed for the award of attorney fees or costs.

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1225.10

Corrective action.

When it has been determined by final agency decision that the aggrieved party has been subjected to illegal discrimination, the following corrective actions may be taken:
a Selection as a member or volunteer for aggrieved parties found to have been denied selection based on prohibited discrimination.
b Reappointment to national service for aggrieved parties found to have been early-terminated as a result of prohibited discrimination. To the extent possible, a member or volunteer will be placed in the same position previously held. However, reassignment to the specific position previously held is contingent on several programmatic considerations such as the continued availability of the position. If the same position is deemed to be no longer available, the aggrieved party will be offered a reassignment to a position in as similar circumstances to the position previously held, or to resign from service for reasons beyond his or her control. Such a reassignment may require both additional training and an additional commitment to national service.

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c Provision for reasonable attorney fees and other costs incurred by the aggrieved party.
d Such other relief as may be deemed appropriate by the CEO or their designee.
1225.11

Amount of attorney fees.

a When a decision of the agency provides for an award of attorneys fees or costs, the complainants attorney shall submit a verified statement of costs and attorneys fees as appropriate, to the agency within 20 days of receipt of the decision. A statement of attorneys fees shall be accompanied by an affidavit executed by the attorney of record itemizing the attorneys charges for legal services. Both the verified statement and the accompanying affidavit shall be made a part of the complaint file. The amount of attorneys fees or costs to be awarded the complainant shall be determined by agreement between the complainant, the complainants representative and the CEO or their designee. Such agreement shall immediately be reduced to writing.
If the complainant, the representative and the agency cannot reach an agreement on the amount of attorneys fees or costs within 20 calendar days of receipt of the verified statement and accompanying affidavit, the CEO or their designee shall issue a decision determining the amount of attorney fees or costs within 30 calendar days of receipt of the statement and affidavit.
Such decision shall include the specific reasons for determining the amount of the award.
b The amount of attorneys fees shall be made in accordance with the following standards: The time and labor required, the novelty and difficulty of the questions, the skills requisite to perform the legal service properly, the preclusion of other employment by the attorney due to acceptance of the case, the customary fee, whether the fee is fixed or contingent, time limitation imposed by the client or the circumstances, the amount involved and the results obtained, the experience, reputation, and ability of the attorney, the undesirability of the case, the nature and length of the professional relationship with the client, and the awards in similar cases.
Subpart CProcessing Class Complaints of Discrimination 1225.12

Precomplaint procedure.

An applicant, candidate, member or volunteer who believes that he or she is among a group of present or former CNCS national service applicants, candidates, members or volunteers, who
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have been illegally discriminated against and who wants to be an agent for the class shall follow those precomplaint procedures outlined in 1225.8.
1225.13 Acceptance, rejection or cancellation of a complaint.

a Upon receipt of a class complaint, the counselors report, and any other information pertaining to timeliness or other relevant circumstances related to the complaint, the EEOP Director shall review the file to determine whether to accept or reject the complaint, or a portion thereof, for any of the following reasons:
1 It was not timely filed;
2 It consists of an allegation which is identical to an allegation contained in a previous complaint filed on behalf of the same class which is pending in the agency or which has been resolved or decided by the agency;
3 It is not within the purview of this subpart;
4 The agent failed to consult a Counselor in a timely manner;
5 It lacks specificity and detail;
6 It was not submitted in writing or was not signed by the agent;
7 It does not meet the following prerequisites.
i The class is so numerous that a consolidated complaint of the members of the class is impractical;
ii There are questions of fact common to the class;
iii The claims of the agent of the class are representative of the claims of the class;
iv The agent of the class, or his or her representative will fairly and adequately protect the interest of the class.
b If an allegation is not included in the counselors report, the EEOP
Director shall afford the agent 15
calendar days to explain whether the matter was discussed and if not, why he or she did not discuss the allegation with the counselor. If the explanation is not satisfactory, the EEOP Director may decide to reject the allegation. If the explanation is not satisfactory, the EEOP
Director may require further counseling of the agent.
c If an allegation lacks specificity and detail, or if it was not submitted in writing or not signed by the agent, the EEOP Director shall afford the agent 30
days from his or her receipt of notification of the complaint defects to resubmit an amended complaint. The EEOP Director may decide that the agency reject the complaint if the agent fails to provide such information within the specified time period. If the information provided contains new
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