5 CFR 1201.119 - OPM petition for reconsideration.

§ 1201.119 OPM petition for reconsideration.

(a)Criteria. Under 5 U.S.C. 7703(d), the Director of the Office of Personnel Management may file a petition for reconsideration of a Board final decision if he or she determines:

(1) That the Board erred in interpreting a civil service law, rule, or regulation affecting personnel management, and

(2) That the Board's decision will have a substantial impact on a civil service law, rule, regulation, or policy directive.

(b)Time limit. The Director must file the petition for reconsideration within 35 days after the date of service of the Board's final decision.

(c)Briefs. After the petition is filed, the Board will make the official record relating to the petition for reconsideration available to the Director for review. The Director's brief in support of the petition for reconsideration must be filed within 20 days after the Board makes the record available for review. Any party's opposition to the petition for reconsideration must be filed within 25 days from the date of service of the Director's brief.

(d)Stays. If the Director of OPM files a petition for reconsideration, he or she also may ask the Board to stay its final decision. An application for a stay, with a supporting memorandum, must be filed at the same time as the petition for reconsideration.

[ 54 FR 53504, Dec. 29, 1989. Redesignated at 59 FR 30864, June 16, 1994, as amended at 77 FR 62370, Oct. 12, 2012]

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United States Code
U.S. Code: Title 38 - VETERANS’ BENEFITS

Title 5 published on 01-Feb-2018 03:54

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 1201 after this date.

  • 2018-01-10; vol. 83 # 7 - Wednesday, January 10, 2018
    1. 83 FR 1173 - Civil Monetary Penalty Inflation Adjustment
      GPO FDSys XML | Text
      Final rule.
      This final rule is effective on January 10, 2018.
      5 CFR Part 1201
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