(a) Judge. (1) An administrative law judge will hear an action brought by an employing agency under this subpart against a respondent administrative law judge.
(2) The judge will issue an initial decision pursuant to 5 U.S.C. 557. The applicable provisions of §§ 1201.111, 1201.112, and 1201.113 of this part govern the issuance of initial decisions, the jurisdiction of the judge, and the finality of initial decisions. The initial decision will be subject to the procedures for a petition for review by the Board under subpart C of this part.
(b) Requirement for finding of good cause. A decision on a proposed agency action under this subpart against an administrative law judge will authorize the agency to take a disciplinary action, and will specify the penalty to be imposed, only after a finding of good cause as required by 5 U.S.C. 7521 has been made.
Notes of Decisions
Rokki Knee Carr v. Soc. Sec. Admin., 185 F.3d 1318 (Fed. Cir. 1999).
“48,455 (1997); 5 C.F.R. § 1201.140 (a)(2) (1998). Thereafter, if either party is dissatisfied with the initial decision, it may petition the Board for review.”
Shapiro v. Soc. Sec. Admin., 800 F.3d 1332 (Fed. Cir. 2015).
“§ 3105 and 5 C.F.R. § 1201.140 , an ALJ was designated to conduct a hearing and issue a recommendation regarding the complaint.”
Dennis Chiappetta v. Dennis Chiappetta, Jr. (MSPB 2022).
· cites it 2× “135 (a) (1997), with 5 C.F.R. § 1201.140 (a)(2) (1998). The effect of this amendment was to allow initial decisions in section 7521 cases to become final without further action from the Board.”
Walmart, Inc. v. Jean King (11th Cir. 2025).
· cites it 2× “5 C.F.R. § 1201.140 (a)(1)-(2). After a “finding of good cause as required by 5 U.”
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