5 C.F.R. § 1201.135
Contents of stay request
The Special Counsel, or that official's representative, must sign each stay request, and must include the following information in the request:
(a) The names of the parties;
(b) The agency and officials involved;
(c) The nature of the action to be stayed;
(d) A concise statement of facts justifying the charge that the personnel action was or will be the result of a prohibited personnel practice; and
(e) The laws or regulations that were violated, or that will be violated if the stay is not issued.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1993–2025 · leading case: Rokki Knee Carr v. Soc. Sec. Admin., 185 F.3d 1318 (Fed. Cir. 1999).
Rokki Knee Carr v. Soc. Sec. Admin., 185 F.3d 1318 (Fed. Cir. 1999). “See 5 C.F.R. § 1201.135 (a) (1996) (“[A]n action by an employing agency against an administrative law judge will be heard by an administrative law judge, who will issue a recommended decision.”
Theodore Stephens v. Merit Sys. Prot. Bd., & Dep't of Health & Human Servs., Intervenor, 986 F.2d 493 (Fed. Cir. 1993). “Pursuant to 5 C.F.R. § 1201.135 (1992), the Board assigned CAU Edward J.”
Dennis Chiappetta v. Dennis Chiappetta, Jr. (MSPB 2022). “Compare 5 C.F.R. § 1201.135 (a) (1997), with 5 C.”
John Doe v. Dep't of Agric. (MSPB 2025). “” 2 attached to its stay request, OSC shall provide the names of those individuals, consistent with 5 C.F.R. § 1201.135 (a), or an explanation of why it cannot provide those names; (2) To the extent that OSC is requesting a stay of the terminations of any other individuals who…”
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