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5 CFR 1208.23 - Content of appeal; request for hearing.

There is 1 rule appearing in the Federal Register for 5 CFR 1208. Select the tab below to view, or View eCFR (GPOAccess)
§ 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:
(1) The nine (9) items or types of information required in 5 CFR 1201.24(a)(1) through (a)(9);
(2) Evidence or argument that the appellant is a preference eligible;
(3) A statement identifying the statute or regulation relating to veterans' preference that was allegedly violated, an explanation of how the provision was violated, and the date of the violation;
(4) Evidence that a complaint under 5 U.S.C. 3330a(a) was filed with the Secretary of Labor, including the date the complaint was filed; and
(5) (i) Evidence that the Secretary has notified the appellant in accordance with 5 U.S.C. 3330a(c)(2) that the Secretary's efforts have not resolved the complaint (a copy of the Secretary's notice satisfies this requirement); or
(ii) Evidence that the appellant has provided written notice to the Secretary of the appellant's intent to appeal to the Board, as required by 5 U.S.C. 3330a(d)(2) (a copy of the appellant's written notice to the Secretary satisfies this requirement).
(b) Request for hearing. An appellant must submit any request for a hearing with the VEOA appeal, or within any other time period the judge sets. A hearing may be provided to the appellant once the Board's jurisdiction over the appeal is established and it has been determined that the appeal is timely. The judge may also order a hearing if necessary to resolve issues of jurisdiction or timeliness. The appellant has the burden of proof with respect to issues of jurisdiction and timeliness ( 5 CFR 1201.56(a)(2)(i) and (ii) ).
(c) Electronic filing. An appeal may be filed electronically by using the Board's e-Appeal site (https://e-appeal.mspb.gov) in accordance with § 1201.14 of this chapter.
[65 FR 5412, Feb. 4, 2000, as amended at 65 FR 49896, Aug. 16, 2000; 68 FR 59865, Oct. 20, 2003; 69 FR 57631, Sept. 27, 2004]

Title 5 published on 2013-01-01

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-04-19; vol. 78 # 76 - Friday, April 19, 2013
    1. 78 FR 23457 - Practices and Procedures
      GPO FDSys XML | Text
      MERIT SYSTEMS PROTECTION BOARD
      Final rule.
      Effective April 19, 2013.
      5 CFR Parts 1201 and 1208

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 1204 - Powers and functions of the Merit Systems Protection Board

§ 3330a - Preference eligibles; administrative redress

§ 3330b - Preference eligibles; judicial redress

USC : Title 38 - VETERANS’ BENEFITS

§ 4331 - Regulations

Title 5 published on 2013-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR 1208 after this date.

  • 2013-04-19; vol. 78 # 76 - Friday, April 19, 2013
    1. 78 FR 23457 - Practices and Procedures
      GPO FDSys XML | Text
      MERIT SYSTEMS PROTECTION BOARD
      Final rule.
      Effective April 19, 2013.
      5 CFR Parts 1201 and 1208