Title 5--ADMINISTRATIVE PERSONNEL
Chapter II--MERIT SYSTEMS PROTECTION BOARD


(the Board) is an independent Government agency that operates like a court. The Board was created to ensure that all Federal government agencies follow Federal merit...


Members of the Board serve seven-year terms. (b) The President appoints, with the Senate's consent, one member of the Board to serve as Chairman and chief...


except in circumstances described in paragraphs (b) and (c) of this section or as otherwise provided by law. (b) When due to a vacancy, recusal or other reasons, the...


Board's headquarters staff is organized into the following offices and divisions: (1) Office of Regional Operations. (2) Office of the Administrative Law Judge. ...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR1201.1] [Page 10] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER II--MERIT SYSTEMS PROTECTION BOARD PART 1201_PRACTICES AND PROCEDURES--Table of Contents Subpart A_Jurisdiction and Definitions Sec. 1201.1 General. The Board has two types of jurisdiction, original and appellate. ...


(a) Actions brought by the Special Counsel under 5 U.S.C. 1214, 1215, and 1216; [[Page 11]] (b) Requests, by persons removed from the Senior Executive...


actions when the appeals are authorized by law, rule, or regulation. These include appeals from the following actions: (1) Reduction in grade or removal for...


to decide a case without a hearing, including an attorney-examiner, an administrative judge, an administrative law judge, the Board, or any member of the Board. ...


rules applicable to the filing and service of pleadings by electronic mail and the Board's Internet filing option for [[Page 14]] matters within the Board's...


this subpart apply to Board appellate proceedings except as otherwise provided in Sec. 1201.13. The regulations in this subpart apply also to appellate proceedings and...


of these regulations. A judge may, for good cause shown, waive a Board regulation unless a statute requires application of the regulation. The judge must give notice of the...


the Board and will be assigned to an administrative law judge for adjudication under this subchapter. The Board's policy is to insulate the adjudication of its own...


a matter that is appealable to the Board, the agency must provide the employee with the following: (a) Notice of the time limits for appealing to the Board,...


those appeals, must be filed with the appropriate Board regional or field office. See Sec. 1201.4(d) of this part. (b) Time of filing. (1) Except as provided in...


first day counted is the day after the event from which the time period begins to run. If the date that ordinarily would be the last day for filing falls on a...


designated representative, or a party properly substituted under Sec. 1201.35 may file an appeal. Appeals may be in any format, including letter form. Electronic appeals must...


(a) The name of the appellant and of the agency whose action the appellant is appealing; (b) A statement identifying the agency action taken against the...


copies of both the appeal and all attachments with the appropriate Board office, unless the appellant files an appeal under the Board's Internet filing option. ...


a class of employees. The judge will hear the case as a class appeal if he or she finds that a class appeal is the fairest and most efficient way to adjudicate the appeal...


for additional time to pursue discovery or settlement. Upon receipt of such request, an order suspending processing of the case for a period up to 30 days may be issued at...


related to the appeal. Parties may designate a representative, revoke such a designation, and change such a designation in a signed submission as follows: (1)...


The representative of a nonparty witness has no right to examine the witness at the hearing or otherwise participate in the development...


personnel available to furnish sworn statements or to appear as witnesses at the hearing when ordered by the judge to do so. When providing those statements or appearing at...


or persons who want to participate in a proceeding because they believe the proceeding, or its outcome, may affect their rights or duties. Intervenors as a ``matter...


the processing of the appeal will only be completed upon substitution of a proper party. Substitution will not be permitted where the interests of the appellant...


appeals of two or more parties are united for consideration because they contain identical or similar issues. For example, individual appeals rising from a single reduction...


in any Board proceeding or making a statement for the record will be in official duty status and will not receive witness fees. (b) Other witnesses. Other...


(b) and (c) of this section on their own motion or on the motion of a party, as appropriate. (b) Authority. Judges will conduct fair and impartial hearings...


or she will withdraw from the case, state on the record the reasons for doing so, and immediately notify the Board of the withdrawal. (b) A party may file a motion asking...


ends of justice. This authority covers, but is not limited to, the circumstances set forth in paragraphs (a), (b), and (c) of this section. (a) Failure to comply with...


the date of the hearing notice unless the parties agree to an earlier date. The agency, upon request of the judge, must provide appropriate hearing space. (b) The...


part of a hearing closed, however, when doing so would be in the best interests of the appellant, a witness, the public, or any other person affected by the proceeding. Any...


made under the judge's guidance. It is kept in the Board's copy of the appeal file and it is the official record of the hearing. Only hearing tape recordings or written...


a hearing, must be in writing. All motions must include a statement of the reasons supporting them. Written motions must be filed with the judge or the Board, as appropriate,...


Under 5 U.S.C. 7701(c)(1), and subject to the exceptions stated in paragraph (b) of this section, the agency action must be sustained if: (i) It is brought under...


the agency will present its case first. (b) The appellant will proceed first at hearings convened on the issues of: (1) Jurisdiction; (2)...


the conclusion of the hearing. When the judge allows the parties to submit argument, briefs, or documents previously identified for introduction into evidence, however, the...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR1201.61] [Page 26] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER II--MERIT SYSTEMS PROTECTION BOARD PART 1201_PRACTICES AND PROCEDURES--Table of Contents Subpart B_Procedures for Appellate Cases Sec. 1201.61 Exclusion of evidence and testimony. Any evidence and testimony that is offered in the hearing and excluded by the judge will be described, and that description will be made a part of the record. ...


party may request a copy of any prior signed statement made by that individual that is relevant to the evidence given. If the party refuses to furnish the statement, the...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR1201.63] [Page 26] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER II--MERIT SYSTEMS PROTECTION BOARD PART 1201_PRACTICES AND PROCEDURES--Table of Contents Subpart B_Procedures for Appellate Cases Sec. 1201.63 Stipulations. The parties may stipulate to any matter of fact. The stipulation will satisfy a party's burden of proving the fact alleged. ...


without requiring evidence to be introduced establishing those facts. The judge, on his or her own motion or on the motion of a party, may take official notice of matters...


possible with due regard to the rights of the parties. Discovery is designed to enable a party to obtain relevant information needed to prepare the...


the hearing, by which a party may obtain relevant information, including the identification of potential witnesses, from another person or a party, that the other person...


party must start the process by serving a request for discovery on the representative of the other party or the party if there is no representative. The request...


compelling [[Page 29]] discovery and motions for the appearance of nonparties must be filed with the judge in accordance with Sec. 1201.73(c)(2) and...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR1201.75] [Page 29] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER II--MERIT SYSTEMS PROTECTION BOARD PART 1201_PRACTICES AND PROCEDURES--Table of Contents Subpart B_Procedures for Appellate Cases Sec. 1201.75 Taking depositions. Depositions may be taken by any method agreed upon by the parties. The person providing information is subject to penalties for intentional false statements. Subpoenas ...


the attendance and testimony of witnesses, or subpoenas that would require the production of documents or other evidence under 5 U.S.C. 1204(b)(2)(A), should file...


file a motion to quash or limit the subpoena. The motion must be filed with the judge, and it must include the reasons why compliance with the subpoena should not be...


party to the appeal may serve a subpoena. The means prescribed by applicable state law are sufficient. The party who requested the subpoena, and to whom the subpoena has been...


did so: (a) By delivering it to the witness in person, (b) By registered or certified mail, or (c) By delivering the subpoena to a responsible person (named in...


or refuses to comply with its terms, the party seeking compliance may file a written [[Page 30]] motion for enforcement with the judge or make an oral motion...


judge during a proceeding. The judge may permit the appeal if he or she determines that the issue presented in it is of such importance to the proceeding that it requires...


only if the record shows that: (a) The ruling involves an important question of law or policy about which there is substantial ground for difference of opinion; and ...


appeal must file a motion for certification within 10 days of the date of the ruling to be appealed. The motion must be filed with the judge, and must state...


or written communication between a decision-making official of the Board and an interested party to a proceeding, when that communication is made without providing the...


this part, ex parte communications that concern the merits of any matter before the Board for adjudication, or that otherwise violate rules requiring...


of Sec. 1201.102 of this part will be made a part of the record. If the communication was oral, a memorandum stating the substance of the discussion will be placed in...


record closes, and will serve that decision on the Clerk of the Board, on the Director of the Office of Personnel Management, and on all parties to the appeal, including...


over a case only to the extent necessary to: (1) Correct the transcript, when one is obtained; (2) Rule on motions for exception to the requirement that...


issuance. Initial decisions are not precedential. (a) Exceptions. The initial decision will not become final if any party files a petition for review within the time...


party to the proceeding, the Director of the Office of Personnel Management (OPM), or the Special Counsel may file a petition for review. The Director of OPM may request review only...


the initial decision that are supported by references to applicable laws or regulations and by specific references to the record. (b)(1) If the appellant was...


is issued. If the agency files a petition for review or a cross petition for review and has not provided required interim relief, the appellant may request dismissal of...


Board may: (1) Issue a single decision that denies or grants a petition for review, reopens the appeal, and decides the case; (2) Hear oral arguments; ...


reopen an appeal and reconsider a decision of a judge on its own motion at any time, regardless of any other provisions of this part. [54 FR 53504, Dec. 29,...


of the Office of Personnel Management may file a petition for reconsideration of a Board final order if he or she determines: (1) That the Board erred in interpreting...


by a final order or decision of the Board under the provisions of 5 U.S.C. 7703 may obtain judicial review in the United States Court of Appeals for the Federal Circuit....


Sept. 16, 1997, unless otherwise noted. General (a) Scope. The Board has original jurisdiction over complaints filed by...


Counsel complaint seeking disciplinary action under 5 U.S.C. 1215(a)(1) (including a complaint alleging a violation of the Hatch Political Activities Act) must be filed...


take any of the actions listed below, he or she must file a written complaint in accordance with Sec. 1201.122 of this part, stating with particularity any alleged...


of the Board shall furnish a copy of the applicable Board regulations to each party that is not a Federal, State, or local government agency and shall inform such a party...


complaint brought by the Special Counsel. [[Page 38]] (b) Except as provided in paragraph (c)(1) of this section, the administrative law judge...


paragraphs (b) or (c) of this section, the administrative law judge, or the Board on petition for review, may order a removal, a reduction in grade, a debarment (not...


action under 5 U.S.C. 1215 may obtain judicial review of the decision in the United States Court of Appeals for the Federal Circuit, except...


complaint seeking corrective action under 5 U.S.C. 1214 must be filed with the Clerk of the Board. After the complaint has been assigned to a judge, subsequent...


take action to require an agency to correct a prohibited personnel practice (or a pattern of prohibited personnel practices) under 5 U.S.C. 1214(b)(4), he or she must file...


Counsel brings a corrective action has a right to request intervention in the proceeding in accordance with the regulations in Sec. 1201.34 of this part. The Clerk of...


Special Counsel under this subpart to a judge, as defined at Sec. 1201.4(a) of this part, for hearing. (b) The judge will issue an initial decision on the...


on an allegation that a prohibited personnel practice has been committed, the judge, or the Board on petition for review, may order appropriate corrective action. 5...


is adversely affected by a final Board decision on a corrective action complaint brought by the Special Counsel may obtain judicial review of the decision in the United...


(a) Request to stay personnel action. Under 5 U.S.C. 1214(b)(1), the Special Counsel may seek to stay a personnel action if the Special Counsel determines that there are...


sign each stay request, and must include the following information in the request: (a) The names of the parties; (b) The agency and officials involved; ...


initial stay of 45 days will be granted within three working days after the filing of the request, unless, under the facts and circumstances, the requested stay would not...


The jurisdiction of the Board under 5 U.S.C. 7521 and this subpart with respect to actions against administrative law judges is limited to proposals by an agency to take any...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR1201.138] [Page 42] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER II--MERIT SYSTEMS PROTECTION BOARD PART 1201_PRACTICES AND PROCEDURES--Table of Contents Subpart D_Procedures for Original Jurisdiction Cases Sec. 1201.138 Contents of complaint. A complaint filed under this section must describe with particularity the facts that support the proposed agency action. ...


Clerk of the Board shall furnish a copy of the applicable Board regulations to each administrative law judge named as a respondent in the complaint and shall inform...


judge will hear an action brought by an employing agency under this subpart against a respondent administrative law judge. (2) The judge will issue an initial...


a proposed agency action under 5 U.S.C. 7521 may obtain judicial review of the decision in the United States Court of Appeals for the Federal Circuit. 5...


that an agency has interfered with the judge's qualified decisional independence so as to constitute an unauthorized action under 5 U.S.C. 7521 may file a complaint with...


Right to hearing. If an agency proposes to remove a career appointee from the Senior Executive Service under 5 U.S.C. 3592(a) (2) and 5 CFR 359.502, and to place that employee...


informal hearing requested by a career appointee whose removal from the Senior Executive Service has been proposed under 5 U.S.C. 3592(a)(2) and 5 CFR 359.502 will be a...


any action by the judge or the Board in cases arising under Sec. 1201.143(a) of this part. The removal action will not be delayed as a result of the hearing. ...


the Board may issue any order that may be necessary to protect a witness or other individual from harassment during an investigation by the Special Counsel or during...


Requests for protective orders by persons other than the Special Counsel in connection with pending original jurisdiction proceedings are governed by Sec. 1201.55(d) of...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR1201.148] [Page 45] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER II--MERIT SYSTEMS PROTECTION BOARD PART 1201_PRACTICES AND PROCEDURES--Table of Contents Subpart D_Procedures for Original Jurisdiction Cases Sec. 1201.148 Enforcement of protective orders. A protective order issued by a judge or the Board under this subpart may be enforced in the same manner as provided under subpart F of this part for Board final decisions and orders. ...


5 U.S.C. 7702. They apply to any case in which an employee or applicant for employment alleges that a personnel action appealable to the Board was based, in whole or in...


otherwise, all actions involving allegations of prohibited discrimination must comply with the regulations that are included in subpart B of...


must comply with Sec. 1201.24 of this part, with the following exceptions: (1) The appeal must state that there was discrimination in connection...


Appellants who file appeals raising issues of prohibited discrimination in connection with a matter otherwise appealable to the Board must comply with the...


that the discrimination issue should be remanded to the agency for consideration, and if the judge determines that action would be in the interest of justice,...


(a) Issue raised in appeal. When an appellant alleges prohibited discrimination in the appeal, the judge will decide both the issue of discrimination and the appealable...


under 5 U.S.C. 7702 will notify the appellant of his or her right, within 30 days after receiving the Board's final decision, to petition the Equal Employment...


(a) Time limit for determination. In cases in which an appellant petitions the Equal Employment Opportunity Commission (Commission) for consideration of the Board's...


Within 30 days after receipt of a decision of the Commission issued under 1201.161(c)(2), the Board shall consider the decision and: (1) Concur and adopt in whole...


under Sec. 1201.162(a)(2) of this part with or without modification, it will certify the matter immediately to a Special Panel established under 5 U.S.C. 7702(d)....


is composed of: (1) A Chairman, appointed by the President with the advice and consent of the Senate, whose term is six (6) years; (2) One member of the...


this subpart apply to proceedings before a Special Panel. (b) Suspension of rules. Unless a rule is required by statute, the Chairman of a Special Panel may suspend the...


decision of the Special Panel, will order the agency concerned to take any action appropriate to carry out the decision of the Panel. The Board's regulations regarding...


type of review. The appropriate United States district court is authorized to conduct all judicial review of cases decided under 5 U.S.C. 7702. Those cases include appeals from...


the authority to order any Federal agency or employee to comply with decisions and orders issued under its jurisdiction, and the authority to enforce compliance with its orders...


Board for enforcement of a final decision or order issued under the Board's appellate jurisdiction. The petition must be filed promptly with the regional or field...


When a party has filed a petition for enforcement of a final decision, the alleged noncomplying party must file one of the following within 15 days of the date of service of...


All executive [[Page 52]] orders, rules and regulations relating to the Federal service that were in effect prior to the effective date of the Civil Service...


Damages Sec. 1201.201 Statement of purpose. Source: 63 FR 41179, Aug. 3, 1998, unless otherwise noted. (a) This subpart governs...


Damages Sec. 1201.202 Authority for awards. (a) Awards of attorney fees (plus costs, expert witness fees, and litigation expenses, where applicable)....


Damages Sec. 1201.203 Proceedings for attorney fees. (a) Form and content of request. A request for attorney fees must be made by motion, must state why...


Damages Sec. 1201.204 Proceedings for consequential damages and compensatory damages. (a) Time for making request. (1) A request for consequential...


Damages Sec. 1201.205 Judicial review. A final Board decision under this subpart is subject to judicial review as provided under 5 U.S.C. 7703. ...


presiding official of the Board to serve as the Chairman of any Board of Review established by the Secretary of Transportation under 5 U.S.C. 3383(b) to review certain actions...


under 5 U.S.C. 1204(a)(4) and 1204(f), of any rules or regulations (``regulations'') issued by the Office of Personnel Management (OPM). It applies to the Board's...


that, on its face, would require an employee to commit a prohibited personnel practice if any agency implemented the regulation. (b) Invalidly implemented regulation means...


a request for regulation review. (b) Contents of request. (1) Each request for regulation review must include the following information: (i) The name, address,...


grant or deny an interested person's request for regulation review. It will grant a request for regulation review that the Special Counsel submits. It will not,...


of each pleading must be filed with the Office of the Clerk, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419. In addition, parties to a...


serve a copy of the request on the Director of OPM. In addition, when the implementation of a regulation is being challenged, the requester must also serve a copy of...


a regulation on its own motion under 5 U.S.C. 1204(f)(1)(A). When it does so, it will publish notice of the review in the Federal Register. [54 FR 28658, July...


this part. It may conduct a review on the basis of the pleadings alone, or on the basis of the pleadings along with any or all of the following: (a) Additional...


is invalid on its face, in whole or in part, it will require any agency affected by the order to stop complying with the regulation, in whole or in part. In addition,...


under this part. The request may be made by filing a petition for enforcement with the Office of the Clerk of the Board and by serving a copy of the petition on each party...


as amended, by stating the procedures to follow when requesting information from the Board, and by stating the fees that will be charged for...


in reference to information includes any information that would be a Board record subject to the requirements of 5 U.S.C. 552 when maintained by the Board in any...


Board records. (a) Sending a request. A person may request a Board record under this part by writing to the office that has the record. If the requester believes...


(a) General. The Board will charge the requester fees for services provided in processing requests for information. Those fees will be charged according to the schedule in paragraph (d)...


The Board may deny: A request for reduced fees or waiver of fees; a request for a record, either in whole or in part; a request for expeditious processing based on the...


confidential commercial information. (a) General. Confidential commercial information provided to the Board by a business submitter will not be disclosed in response to...


Requests for Board records that were created by another agency may, in appropriate circumstances, be referred to that agency for discussion or processing. In...


by the [[Page 68]] Clerk of the Board, a Regional Director, or Chief Administrative Judge: (1) A denial of access to agency records; (2) A denial of...


appeal is received. A decision not to provide expeditious processing of a request will be made within 15 workdays after the appeal is received. The decision will be in...


by stating the procedures by which individuals may determine the existence of, seek access to, and request amendment of Board records concerning themselves, and by stating...


retrieved from a system of records under the Board's control by using an individual's name or by using a number, symbol, or other way to identify the individual. These...


this part: (a) Inquiry means a request by an individual regarding whether the Board has a record that refers to that individual. (b) Request for access means a request...


disclose any personal record information from systems of records it maintains to any individual other than the individual to whom the record refers, or to any other...


to records must be submitted to the appropriate regional or field office of the Board, or to the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street,...


request for access to records and make a determination on whether to grant it within 20 workdays after it receives the request, except under the unusual...


The following items, which are listed in order of the Board's preference, are acceptable proof of the requester's identity when the request is made in person: (1)...


the following methods: (1) It may permit the requester to inspect the records personally during normal business hours at a Board office or other suitable...


access to records that are of an investigatory nature and that are compiled for law enforcement purposes. Those requests will be denied only where access to them would...


(b) Photocopies of records duplicated by the Board will be subject to a charge of 20 cents a page. (c) If the fee to be assessed for any request is less than $100 (the cost to...


Director or Chief Administrative Judge of the appropriate regional or field office, or to the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street,...


will notify the requester and provide him or her with a copy of the amendment. (b) Amendment denied. If the Board denies the request for amendment in whole or in part,...


acknowledge a request for amendment within 10 workdays of receipt of the request in the appropriate office except under the unusual circumstances described in paragraphs...


or by the Chief Administrative Judge, of a request for amendment may be appealed to the Chairman, Merit Systems Protection Board, 1615 M Street, NW., Washington,...


determines that there is good cause for extension of that deadline. If an appeal is improperly labeled, does not contain the necessary information, or is submitted to...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR1206.1] [Page 72] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER II--MERIT SYSTEMS PROTECTION BOARD PART 1206_OPEN MEETINGS--Table of Contents Subpart A_Purpose and Policy Sec. 1206.1 Purpose. The purpose of this part is to prescribe the procedures by which the Board will conduct open meetings in accordance with the Government in the Sunshine Act (5 U.S.C. 552b) (``the Act''). ...


processes, while protecting individuals' rights and the Board's ability to carry out its responsibilities. Meetings at which the Board members jointly conduct...


least two Board members that determine or result in the joint conduct of official Board business. (b) Member means one of the members of the Merit Systems...


one week before the meeting. Each notice will include the following information: (1) The time of the meeting; (2) The place where the meeting will be held; (3)...


time or place of the meeting only if it announces the change publicly at the earliest practicable time. (b) After notice of a meeting has been published, the Board may...


with the provisions of 5 U.S.C. 552b(c)(1) to 552b(c)(10) when closing the meeting is in the public interest. (b) General Counsel certification. For every meeting that...


it will maintain the following record: (1) A transcript or recording of the proceeding; (2) A copy of the General Counsel's certification under Sec. 1206.6(b) of...


the Office of the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419. Individuals or organizations with a special interest...


1206.4 through 1206.8 of this part, and in Sec. Sec. 1206.11 and 1206.12, the Board may expedite the closing of its meetings under the following conditions by using the...


of those meetings. Whenever the number of observers is greater than can be accommodated in the designated meeting room, however, it will make alternative...


may not participate in the meetings unless they are expressly invited to do so. They also may not create distractions that interfere with the conduct and disposition of...


to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation...


1207.101-1207.170) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not...


the term-- Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary aids...


September 6, 1989, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this regulation and, to the...


employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this regulation and its applicability to...


(a) No qualified individual with handicaps shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected...


handicaps shall, on the basis of handicap, be subject to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements,...


Except as otherwise provided in Sec. 1207.150, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unusable...


(a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by...


Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as...


take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. (1) The agency...


provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs and activities conducted by the agency. ...


1208.1 Scope. This part governs appeals filed with the Board under the provisions of 38 U.S.C. 4324, as enacted by the Uniformed Services...


1208.2 Jurisdiction. (a) USERRA. Under 38 U.S.C. 4324, a person entitled to the rights and benefits provided by chapter 43 of title 38, United...


1208.3 Application of 5 CFR part 1201. Except as expressly provided in this part, the Board will apply subparts A (Jurisdiction and Definitions),...


Sec. 1208.4 Definitions. (a) Appeal. ``Appeal'' means a request for review of an agency action (the same meaning as in 5 CFR Sec. 1201.4(f)) and includes...


1208.11 Choice of procedure under USERRA; exhaustion requirement. (a) Choice of procedure. An appellant may file a USERRA appeal directly with the...


1208.12 Time of filing. Under chapter 43 of title 38, United States Code, there is no time limit for filing a USERRA appeal with the Board. However, the...


1208.13 Content of appeal; request for hearing. (a) Content. A USERRA appeal may be in any format, including letter form, but must contain...


1208.14 Representation by Special Counsel. The Special Counsel may represent an appellant in a USERRA appeal before the Board. A written statement (in...


1208.15 Remedies. (a) Order for compliance. If the Board determines that a Federal agency employer or the Office of Personnel Management has...


1208.16 Appeals under another law, rule, or regulation. Nothing in USERRA prevents an appellant who may appeal an agency action to the Board under any...


1208.21 VEOA exhaustion requirement. Before an appellant may file a VEOA appeal with the Board, the appellant must first file a complaint under 5...


1208.22 Time of filing. (a) Unless the Secretary of Labor has notified the appellant that the Secretary's efforts have not resolved the VEOA complaint, a...


1208.23 Content of appeal; request for hearing. (a) Content. A VEOA appeal may be in any format, including letter form, but must contain the following: ...


1208.24 Election to terminate MSPB proceeding. (a) Election to terminate. At any time beginning on the 121st day after an appellant files a VEOA appeal with...


1208.25 Remedies. (a) Order for compliance. If the Board determines that a Federal agency has violated the appellant's VEOA rights, the decision of...


1208.26 Appeals under another law, rule, or regulation. (a) The VEOA provides that 5 U.S.C. 3330a shall not be construed to prohibit a preference eligible...


This part governs any appeal or stay request filed with the Board by an employee, former employee, or applicant for employment where the appellant alleges that a...


(a) Under 5 U.S.C. 1214(a)(3), an employee, former employee, or applicant for employment may appeal to the Board from agency personnel actions alleged to have...


5 CFR part 1201. Except as expressly provided in this part, the Board will apply subparts A, B, C, E, F, and G of 5 CFR part 1201 to appeals and stay requests...


(a) Personnel action means, as to individuals and agencies covered by 5 U.S.C. 2302: (1) An appointment; (2) A promotion; (3) An adverse...


(a) Individual right of action appeals. The appellant must seek corrective action from the Special Counsel before appealing to the Board. Where the appellant has...


to hearing. (a) Content. Only an appellant, his or her designated representative, or a party properly substituted under 5 CFR 1201.35 may file an appeal. Appeals...


proof. (a) Subject to the exception stated in paragraph (b) of this section, in any case involving a prohibited personnel practice described in 5 U.S.C. 2302(b)(8),...


a stay. (a) Time of filing. An appellant may request a stay of a personnel action allegedly based on whistleblowing at any time after the appellant becomes...


request and response. (a) Only an appellant, his or her designated representative, or a party properly substituted under 5 CFR 1201.35 may file a stay request. The...


ruling on stay request. (a) Hearing. The judge may hold a hearing on the stay request. (b) Order ruling on stay request. (1) The judge must rule upon the stay...


interim compliance. (a) Duration of stay. A stay becomes effective on the date specified in the judge's order. The stay will remain in effect for the time period...


of agency reports. When an employee who has applied for a transfer to another position in an Executive agency under 5 U.S.C. 3352 asks the agency head to review...


findings to the Special Counsel. When the Board determines in a proceeding under this part that there is reason to believe that a current Federal employee may...


and 5 CFR 550 subpart K. (a) This regulation provides procedures for the collection by administrative offset of a Federal employee's salary without...


Service, the U.S. Postal Commission, a military department as defined at 5 U.S.C. 102, an agency or court in the judicial branch, an agency of the legislative branch including...


individual currently employed by another Federal agency; (2) The MSPB is owed a debt by an individual who is a current employee of the MSPB; or (3) The MSPB employs...


signed by the Chairman of the debt at least 30 days before salary offset commences. (b) The written notice shall contain: (1) A statement that the debt is owed and...


the instructions outlined in the agency's notice to offset. (2) A hearing may be requested by filing a written petition addressed to the Chairman of the MSPB stating...


the hearing. (b) The written opinion will include: A statement of the facts presented to demonstrate the nature and origin of the alleged debt; the hearing...


determines that an employee of a Federal agency owes a delinquent debt to the MSPB, the Chairman shall as appropriate: (i) Arrange for a hearing upon the...


the amount stated in the Chairman's notice of intention to offset as provided in Sec. 1210.4. Debts will be collected in one lump sum where possible. If the employee...


the debt is waived, found not owed to the MSPB, or when directed by an administrative or judicial order. (b) The creditor agency will promptly return any amounts deducted...


to collect the debt first accrued, the agency may not collect by salary offset unless facts material to the Government's right to collect were not known and could not...


these regulations will not be construed as a waiver of any rights that employee may have under 5 U.S.C. 5514 or any other provision of contract law unless there are statutes...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR1210.12] [Page 93] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER II--MERIT SYSTEMS PROTECTION BOARD PART 1210_DEBT MANAGEMENT--Table of Contents Subpart A_Salary Offset Sec. 1210.12 Interest, penalties, and administrative costs. Charges may be assessed for interest, penalties, and administrative costs in accordance with the Federal Claims Collection Standards, 4 CFR 102.13. Dated: July 24, 1987. ...


of 1966, as amended, 31 U.S.C. 3711 and 3716-3719; the Federal Claims Collection Standards at 4 CFR parts 101-105, as amended by 49 FR 8889, 5 U.S.C. 552a, and Office of Management...


is not limited to: Overpayments to program beneficiaries; overpayments to contractors and [[Page 94]] grantees, including overpayments arising from...


be exclusive. The Chairman of the MSPB or his designee may impose other appropriate sanctions upon a debtor for prolonged or repeated failure to pay a debt. For example,...


such as fraud, embezzlement, theft, or misuse of government funds or property is subject to punishment by fine or imprisonment as well as to a civil claim by the...


efforts shall include sending to the debtor's last known address a total of three progressively stronger written demands for payment at not more than 30 day intervals....


(a) The amount and nature of the debt; (b) The date payment is due, which will generally be 30 days from the date the notice was mailed; (c) The assessment...


the first notice of the debt and the interest requirement is mailed to the last known address or hand-delivered to the debtor if the debt is not paid within 30 days from...


The debt is certain in amount; (2) Efforts to obtain direct payment have been, or would most likely be unsuccessful, or the MSPB and the debtor agree to the offset; ...


consistent with the notice requirements contained in the Sec. 1210.26. Individual debtors must be given at least 60 days written notice that the debt is overdue and...


The MSPB may refer delinquent debts to private collection agencies listed on the schedule compiled by the General Services Administration. In such contracts, the MSPB will...


than $100,000 which the MSPB determines can neither be collected nor otherwise disposed of will be referred for litigation to the United States Attorney in whose judicial district...


or terminate the collection of debts where the outstanding principal is not greater than $20,000. MSPB procedures for writing off outstanding accounts are available to...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR1210.33] [Page 96] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER II--MERIT SYSTEMS PROTECTION BOARD PART 1210_DEBT MANAGEMENT--Table of Contents Subpart B_Claims Collection Sec. 1210.33 Omissions not a defense. Failure to comply with any provisions of this rule may not serve as a defense to any debtor. [[Page 97]] ...




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