C.F.R. » Title 5 » CHAPTER II—MERIT SYSTEMS PROTECTION BOARD › SUBCHAPTER A—ORGANIZATION AND PROCEDURES › PART 1201—PRACTICES AND PROCEDURES › Subpart D—Procedures for Original Jurisdiction Cases

5 C.F.R. § 1201.142

Actions filed by administrative law judges

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An administrative law judge who alleges a constructive removal or other action by an agency in violation of 5 U.S.C. 7521 may file a complaint with the Board under this subpart. The filing and service requirements of § 1201.137 of this part apply. Such complaints shall be adjudicated in the same manner as agency complaints under this subpart.

[77 FR 62370, Oct. 12, 2012]
Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2003–2023 · leading case: Tunik v. Merit Sys. Prot. Bd., 407 F.3d 1326 (Fed. Cir. 2005).
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Tunik v. Merit Sys. Prot. Bd., 407 F.3d 1326 (Fed. Cir. 2005). · cites it 16× “The Board subsequently codified the holding of Doyle pursuant to notice and comment rulemaking at 5 C.F.R. § 1201.142 . Merit Systems Protection Board Practices and Procedures, 62 Fed.”
Larry J. Butler v. Soc. Sec. Admin., 331 F.3d 1368 (Fed. Cir. 2003). “) Before the Board, the petitioner alleged that he was removed in retaliation for his support of grievances filed by other administrative law judges, and that this action constituted a constructive removal in violation of 5 C.F.R. § 1201.142 . (J.A. 25.) 1 *1371 The petitioner…”
J. Mahoney v. Shaun Donovan, 721 F.3d 633 (D.C. Cir. 2013). “16, 1997) (interim rule) (codifying the Doyle rule in 5 C.F.R. § 1201.142 ). 5 The Board later decided that § 7521 could reasonably be read to apply “only to cases of actual separation from employment” as an administrative law judge, and revised the regulation “to repeal the…”
Kelly Stephen Jennings v. Soc. Sec. Admin., 2016 MSPB 31 (MSPB 2016). “5 C.F.R. § 1201.142 . Such complaints shall be adjudicated in the same manner as agency complaints seeking actions against administrative law judges.”
Kim McClain-Leazure v. Kim S. McClain-Leazure (MSPB 2023). · cites it 4× “2 Although proceedings under 5 C.F.R. § 1201.142 do not lie within our appellate jurisdiction, for the sake of clarity we follow our usual practice of referring to the 2 (ALJ) position.”
Kelly Stephen Jennings v. Soc. Sec. Admin., 2016 MSPB 31 (MSPB 2016). “5 C.F.R. § 1201.142 . Such complaints shall be adjudicated in the same manner as agency complaints seeking actions against administrative law judges.”
Pere Jarboe v. Depatment of Health & Human Servs., 2023 MSPB 21 (MSPB 2023). · cites it 4× “5 C.F.R. § 1201.142 (1998). ¶7 Subsequently, in Tunik v.”
Kelly Stephen Jennings v. Soc. Sec. Admin., 2016 MSPB 32 (MSPB 2016). “5 C.F.R. § 1201.142 . Such complaints shall be adjudicated in the same manner as agency complaints seeking actions against administrative law judges.”
Dennis Chiappetta v. Dennis Chiappetta, Jr. (MSPB 2022). “The proper method for seeking relief under these circumstances would be to file a complaint with the Board under 5 C.F.R. § 1201.142 . As explained below, the respondent did file such a complaint, and pursuant to that complaint he is receiving all of the relief that he was…”
Kelly Jennings v. Soc. Sec. Admin. (MSPB 2023). “§ 7521 may file a complaint with the Board under 5 C.F.R. § 1201.142 , and such a complaint shall be adjudicated in the same manner as agency complaints seeking actions against administrative law judges.”
Kelly Stephen Jennings v. Soc. Sec. Admin., 2016 MSPB 32 (MSPB 2016). “5 C.F.R. § 1201.142 . Such complaints shall be adjudicated in the same manner as agency complaints seeking actions against administrative law judges.”
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