29 CFR §1603.304

1. (a)On behalf of the Commission, the Office of Federal Operations shall review the record and the appellate briefs submitted by all the parties. The Office of Federal Operations shall prepare a recommended decision for consideration by the Commission.
2. (b)When an administrative law judge certifies a matter for interlocutory review under § 1603.213, the Commission may, in its discretion, issue a decision on the matter or send the matter back to the administrative law judge without decision.
3. (c)The Commission will not accept or consider new evidence on appeal unless the Commission, in its discretion, reopens the record on appeal.
4. (d)The decision of the Commission on appeal shall be its final order and shall be served on all parties.
5. (e)In the absence of a timely appeal under § 1603.302, the decision of the administrative law judge under § 1603.217 or a dismissal under § 1603.107 shall become the final order of the Commission. A final order under this paragraph shall not have precedential significance.