5 CFR 185.138 - Reconsideration of initial decision.

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§ 185.138 Reconsideration of initial decision.

(a) Except as provided in paragraph (d) of this section, any party may file a motion for reconsideration of the initial decision within 20 days of receipt of the initial decision. If service was made by mail, receipt will be presumed to be 5 days from the date of mailing in the absence of contrary proof.

(b) Every such motion must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Such motion shall be accompanied by a supporting brief.

(c) Responses to such motions shall be allowed only upon request of the ALJ.

(d) No party may file a motion for reconsideration of an initial decision that has been revised in response to a previous motion for reconsideration.

(e) The ALJ may dispose of a motion for reconsideration by denying it or by issuing a revised initial decision.

(f) If the ALJ denies a motion for reconsideration, the initial decision shall constitute the final decision of the authority head and shall be final and binding on all parties 30 days after the ALJ denies the motion, unless the initial decision is timely appealed to the authority head in accordance with § 185.139.

(g) If the ALJ issues a revised initial decision, that decision shall constitute the final decision of the authority head and shall be final and binding on the parties 30 days after it is issued, unless it is timely appealed to the authority head in accordance with § 185.139.

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United States Code

Title 5 published on 2015-12-02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 185 after this date.

  • 2016-07-19; vol. 81 # 138 - Tuesday, July 19, 2016
    1. 81 FR 46827 - Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Interim rule.
      Effective Date: August 1, 2016. Comment Date: Comments due on or before August 18, 2016.
      5 CFR Part 185
The section you are viewing is cited by the following CFR sections.

Title 5 published on 2015-12-02.

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.

  • 2016-07-19; vol. 81 # 138 - Tuesday, July 19, 2016
    1. 81 FR 46827 - Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment
      GPO FDSys: XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Interim rule.
      Effective Date: August 1, 2016. Comment Date: Comments due on or before August 18, 2016.
      5 CFR Part 185