5 C.F.R. § 1201.136

Action on stay request

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(a) Initial stay. A Special Counsel request for an initial stay of 45 days will be granted within three working days after the filing of the request, unless, under the facts and circumstances, the requested stay would not be appropriate. Unless the stay is denied within the 3-day period, it is considered granted by operation of law.

(b) Extension of stay. Upon the Special Counsel's request, a stay granted under 5 U.S.C. 1214(b)(1)(A) may be extended for an appropriate period of time, but only after providing the agency with an opportunity to comment on the request. Any request for an extension of a stay under 5 U.S.C. 1214(b)(1)(B) must be received by the Board and the agency no later than 15 days before the expiration date of the stay. A brief describing the facts and any relevant legal authority that should be considered must accompany the request for extension. Any response by the agency must be received by the Board no later than 8 days before the expiration date of the stay.

(c) Evidence of compliance with a stay. Within five working days from the date of a stay order or an order extending a stay, the agency ordered to stay a personnel action must file evidence setting forth facts and circumstances demonstrating compliance with the order.

(d) Termination of stay. A stay may be terminated at any time, except that a stay may not be terminated:

(1) On the motion of an agency, or on the deciding official's own motion, without first providing notice and opportunity for oral or written comments to the Special Counsel and the individual on whose behalf the stay was ordered; or

(2) On the motion of the Special Counsel without first providing notice and opportunity for oral or written comments to the individual on whose behalf the stay was ordered. 5 U.S.C. 1214(b)(1)(D).

(e) Additional information. At any time, where appropriate, the Special Counsel, the agency, or both may be required to appear and present further information or explanation regarding a request for a stay, to file supplemental briefs or memoranda, or to supply factual information needed to make a decision regarding a stay.

[62 FR 48451, Sept. 16, 1997, as amended at 63 FR 42686, Aug. 11, 1998]

Notes of Decisions

Cited in 58 cases (19 in the last 5 years), 1999–2025 · leading case: Rokki Knee Carr v. Soc. Sec. Admin., 185 F.3d 1318 (Fed. Cir. 1999).

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Rokki Knee Carr v. Soc. Sec. Admin., 185 F.3d 1318 (Fed. Cir. 1999). “See 5 C.F.R. § 1201.136 (1996) (requiring the Board to authorize disciplinary action and the penalty to be imposed after it has made a finding of good cause shown).”

Special Couns. ex rel. Carmine A. Tarantino v. Smithsonian Inst. (MSPB 2016). · cites it 3× “§ 1214 (b)(1)(B), (C); 5 C.F.R. § 1201.136 (b). Furthermore, OSC’s motion fails to demonstrate that such a response is necessary for the Board to resolve the stay extension request.”

Special Couns. ex rel. Diane Rector v. Nat'l Credit Union Admin. (MSPB 2016). · cites it 2× “See 5 C.F.R. § 1201.136 (b). Any comments on such a request that the agency wishes the Board to consider pursuant to 5 U.”

Special Couns. ex rel. Dale Klein v. Dep't of Vets. Affairs (MSPB 2016). · cites it 2× “See 5 C.F.R. § 1201.136 (b). Any comments on such a request that the agency wishes the Board to consider pursuant to 5 U.”

Special Couns. ex rel. Dale Klein v. Dep't of Vets. Affairs (MSPB 2017). · cites it 2× “See 5 C.F.R. § 1201.136 (b); and (4) Any comments on such a request that the agency wishes the Board to consider pursuant to 5 U.”

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