(a) The judge will prepare an initial decision after the record closes and will serve that decision on all parties to the appeal, including named parties, permissive intervenors, and intervenors of right. The Board satisfies its legal obligation under 5 U.S.C. 7701(b)(1) by making electronic copies of initial decisions available to the Office of Personnel Management.
(b) Each initial decision will contain:
(1) Findings of fact and conclusions of law upon all the material issues of fact and law presented on the record;
(2) The reasons or bases for those findings and conclusions;
(3) An order making final disposition of the case, including appropriate relief;
(4) A statement, if the appellant is the prevailing party, as to whether interim relief is provided effective upon the date of the decision, pending the outcome of any petition for review filed by another party under subpart C of this part;
(5) The date upon which the decision will become final (a date that, for purposes of this section, is 35 days after issuance); and
(6) A statement of any further process available, including, as appropriate, a petition for review under § 1201.114 of this part, a petition for enforcement under § 1201.182, a motion for attorney fees under § 1201.203, a motion to initiate an addendum proceeding for consequential damages or compensatory damages under § 1201.204, and a petition for judicial review.
(c) Interim relief. (1) Under 5 U.S.C. 7701(b)(2), if the appellant is the prevailing party, the initial decision will provide appropriate interim relief to the appellant effective upon the date of the initial decision and remaining in effect until the date of the final order of the Board on any petition for review, unless the judge determines that the granting of interim relief is not appropriate. The agency may decline to return the appellant to his or her place of employment if it determines that the return or presence of the appellant will be unduly disruptive to the work environment. However, pay and benefits must be provided.
(2) An initial decision that orders interim relief shall include a section which will provide the appellant specific notice that the relief ordered in the decision must be provided by the agency effective as of the date of the decision if a party files a petition for review. If the relief ordered in the initial decision requires the agency to effect an appointment, the notice required by this section will so state, will specify the title and grade of the appointment, and will specifically advise the appellant of his right to receive pay and benefits while any petition for review is pending, even if the agency determines that the appellant's return to or presence in the workplace would be unduly disruptive.
[54 FR 53504, Dec. 29, 1989, as amended at 62 FR 17045, Apr. 9, 1997; 63 FR 41179, Aug. 3, 1998; 64 FR 27900, May 24, 1999; 77 FR 62367, Oct. 12, 2012]
Notes of Decisions
Bledsoe v. Merit Sys. Prot. Bd., 659 F.3d 1097 (Fed. Cir. 2011).
· cites it 2× “5 C.F.R. § 1201.111 (a) states in part that the "judge will prepare an initial decision after the record closes.”
Laverne Chisholm v. Def. Logistics Agency & Merit Sys. Prot. Bd., 656 F.2d 42 (3rd Cir. 1981).
· cites it 3× “The Board’s hearing officers, termed “presiding officials”, must make findings of fact and conclusions of law, 5 C.F.R. § 1201.111 (1980). Where the agency’s adverse action against an employee is based on alleged misconduct, the presiding official must determine whether the…”
Jones v. Dep't of Health & Human Servs., 834 F.3d 1361 (Fed. Cir. 2016).
“”); 5 C.F.R. § 1201.111 (a) (“The judge will prepare an initial decision after the record closes and will serve that decision on all parties to the appeal, including named parties, permissive intervenors, and intervenors of right.”
Troy Stewart v. Dep't of Transp., 2023 MSPB 18 (MSPB 2023).
· cites it 3× “5 C.F.R. § 1201.111 (b)(4). If the initial decision grants the appellant interim relief, any petition or cross petition for review filed by the agency must be accompanied by a certification that the agency has complied with the interim relief order either by providing the…”
Sher v. U.S. Dep't of Vets. Affairs, 488 F.3d 489 (1st Cir. 2007).
“However, the ALJ's decision is merely “an initial decision,” 5 C.F.R. § 1201.111 , which becomes final unless it is reopened or reconsidered on motion of the parties or by motion of the board itself, see id.”
Baca v. Dep't of Army, 983 F.3d 1131 (10th Cir. 2020).
“5 C.F.R. §§ 1201.111 , 1201.113–14. 3 In addition, at least two of Mr.”
Paul v. Connolly v. United States Dep't of Just., 766 F.2d 507 (Fed. Cir. 1985).
“” 5 C.F.R. § 1201.111 . Such decision becomes final if a petition for review is denied or if a party to the appeal or the Special Counsel or the Director of the Office of Personnel Management does not petition the board for review within 30 days after receipt of the decision, 5…”
Zonnytta Bolton v. Carolyn Colvin, 674 F. App'x 282 (4th Cir. 2017).
“” 5 C.F.R. § 1201.111 . If the initial decision is adverse to the employee, she may then petition the full MSPB for review.”
Jones v. Dep't of Health & Human Servs., 703 F. App'x 977 (Fed. Cir. 2017).
“§ 7701 (b)(1) and 5 C.F.R. § 1201.111 (a)). Finally, we note that we have considered the arguments and evidence raised in Mr.”
Horner v. Schuck, 843 F.2d 1368 (Fed. Cir. 1988).
“§ 7701 (a); 5 C.F.R. § 1201.111 (b) (1987); Fucik v. United States, 655 F.”
— 5 C.F.R. § 1201.111(a) — 1 case
— 5 C.F.R. § 1201.111(b)(1) — 1 case
Laverne Chisholm v. Def. Logistics Agency & Merit Sys. Prot. Bd., 656 F.2d 42 (3rd Cir. 1981).
“The Board’s hearing officers, termed “presiding officials”, must make findings of fact and conclusions of law, 5 C.F.R. § 1201.111 (1980). Where the agency’s adverse action against an employee is based on alleged misconduct, the presiding official must determine whether the…”
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