29 CFR 1614.404 : Labor (§ 0.735-1 To Parts 4908-4999) — (Part 900 To Parts 1692-1699) — Regulations Relating To Labor (Continued) (Part 900 To Parts 1692-1699) — Equal Employment Opportunity Commission (§ 1600.101 To Parts 1692-1699) — Federal Sector Equal Employment Opportunity (§ 1614.101 To § 1614.707) — Appeals And Civil Actions (§ 1614.401 To § 1614.409) — Appellate procedure.

(a) On behalf of the Commission, the Office of Federal Operations shall review the complaint file and all written statements and briefs from either party. The Commission may supplement the record by an exchange of letters or memoranda, investigation, remand to the agency or other procedures.

(b) If the Office of Federal Operations requests information from one or both of the parties to supplement the record, each party providing information shall send a copy of the information to the other party.

(c) When either party to an appeal fails without good cause shown to comply with the requirements of this section or to respond fully and in timely fashion to requests for information, the Office of Federal Operations shall, in appropriate circumstances:

(1) Draw an adverse inference that the requested information would have reflected unfavorably on the party refusing to provide the requested information;

(2) Consider the matters to which the requested information or testimony pertains to be established in favor of the opposing party;

(3) Issue a decision fully or partially in favor of the opposing party; or

(4) Take such other actions as appropriate.