5 C.F.R. § 1201.137

Covered actions; filing complaint; serving documents on parties

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(a) Covered actions. The jurisdiction of the Board under 5 U.S.C. 7521 and this subpart with respect to actions against administrative law judges is limited to proposals by an agency to take any of the following actions against an administrative law judge:

(1) Removal;

(2) Suspension;

(3) Reduction in grade;

(4) Reduction in pay; and

(5) Furlough of 30 days or less.

(b) Place of filing. To initiate an action against an administrative law judge under this subpart, an agency must file a complaint with the Clerk of the Board.

(c) Initial filing and service. The agency must file a copy of the complaint, together with numbered and tabbed exhibits or attachments, if any, and a certificate of service listing each party or the party's representative. The certificate of service must show the last known address, telephone number, and facsimile number of each party or representative. The agency must serve a copy of the complaint on each party and the party's representative, as shown on the certificate of service.

(d) Subsequent filings and service. Each party must serve on every other party or the party's representative one copy of each of its pleadings, as defined by § 1201.4(b). A certificate of service describing how and when service was made must accompany each pleading. Each party is responsible for notifying the Board and the other parties in writing of any change in name, address, telephone number, or facsimile number of the party or the party's representative.

[62 FR 48451, Sept. 16, 1997, as amended at 68 FR 59863, Oct. 20, 2003; 69 FR 57630, Sept. 27, 2004; 73 FR 10130, Feb. 26, 2008; 77 FR 62370, Oct. 12, 2012]

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2014–2023 · leading case: Berlin v. Dep't of Labor, 772 F.3d 890 (Fed. Cir. 2014).

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Berlin v. Dep't of Labor, 772 F.3d 890 (Fed. Cir. 2014). “§ 7521 ; 5 C.F.R. § 1201.137 . The Board assigned Administrative Law Judge- Jordan (from the United States Coast Guard) to conduct a hearing and make the initial decision whether to authorize the furloughs.”

Dennis Chiappetta v. Dennis Chiappetta, Jr. (MSPB 2022). “¶3 On February 1, 2016, the agency filed a complaint with the Board under 5 C.F.R. § 1201.137 (b), seeking the respondent’s removal based on two charges: (1) conduct unbecoming a VLJ; and (2) misuse of Government resources.”

Pere Jarboe v. Depatment of Health & Human Servs., 2023 MSPB 21 (MSPB 2023). “An agency seeking to take such an action against an ALJ may file a complaint with the Board under the procedures set forth at 5 C.F.R. § 1201.137 . If, following an opportunity for a hearing, the Board determines that the agency has established good cause to take an action under…”

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