(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]
Notes of Decisions
Parker v. Off. of Pers. Mgmt., 91 F. App'x 660 (Fed. Cir. 2004).
· cites it 2× “§ 7703 (d) pursuant to 5 C.F.R. § 1201.119 . Parker II, 93 M.S.P.”
Andrew C. Eller, Jr. v. Off. of Pers. Mgmt., 2014 MSPB 72 (MSPB 2014).
“114 , ¶ 7 (2013); 5 C.F.R. § 1201.119 (a). The Board will consider de novo the arguments raised by OPM on petition for reconsideration, even in cases where OPM was a party to the proceedings before the Board.”
Andrew C. Eller, Jr. v. Off. of Pers. Mgmt., 2014 MSPB 72 (MSPB 2014).
“114 , ¶ 7 (2013); 5 C.F.R. § 1201.119 (a). The Board will consider de novo the arguments raised by OPM on petition for reconsideration, even in cases where OPM was a party to the proceedings before the Board.”
Ronald L Moulton v. Off. of Pers. Mgmt. (MSPB 2025).
“52 (1985) (denying OPM’s request for a stay because only the Director of OPM can request a stay when filing a petition for reconsideration with the Board); see 5 C.F.R. § 1201.119 (a), (d) (reflecting that the Director of OPM can request that the Board stay a final decision…”
— 5 C.F.R. § 1201.119(a)(2) — 1 case
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