For purposes of this section, the date an appellant receives the agency's decision is determined according to the standard set forth at 1201.22(b)(3) of this part. Appellants who file appeals raising issues of prohibited discrimination in connection with a matter otherwise appealable to the Board must comply with the following time limits:
(a) Where the appellant has been subject to an action appealable to the Board, he or she may either file a timely complaint of discrimination with the agency or file an appeal with the Board no later than 30 days after the effective date, if any, of the action being appealed, or 30 days after the date of the appellant's receipt of the agency's decision on the appealable action, whichever is later.
(b) If the appellant has filed a timely formal complaint of discrimination with the agency:
(1) An appeal must be filed within 30 days after the appellant receives the agency resolution or final decision on the discrimination issue; or
(2) If the agency has not resolved the matter or issued a final decision on the formal complaint within 120 days, the appellant may appeal the matter directly to the Board at any time after the expiration of 120 calendar days. Once the agency resolves the matter or issues a final decision on the formal complaint, an appeal must be filed within 30 days after the appellant receives the agency resolution or final decision on the discrimination issue.
(c) If the appellant files an appeal prematurely under this subpart, the judge will dismiss the appeal without prejudice to its later refiling under § 1201.22 of this part. If holding the appeal for a short time would allow it to become timely, the judge may hold the appeal rather than dismiss it.
[54 FR 53504, Dec. 29, 1989, as amended at 59 FR 31109, June 17, 1994; 62 FR 59992, Nov. 6, 1997; 65 FR 25624, May 3, 2000; 73 FR 6834, Feb. 6, 2008; 77 FR 62371, Oct. 12, 2012]
Notes of Decisions
Leslie Kerr v. Sally Jewell, 836 F.3d 1048 (9th Cir. 2016).
· cites it 6× “See 5 C.F.R. § 1201.154 (a) (“Where the appellant has been subject to an action appeal-able to the Board, he or she may either file a timely complaint of discrimination with the agency or file an appeal with the Board .”
Kloeckner v. Solis, 133 S. Ct. 596 (2012).
· cites it 4× “See 5 CFR § 1201.154 (a); 29 CFR § 1614.302 (b).”
Conforto v. Merit Sys. Prot. Bd., 713 F.3d 1111 (Fed. Cir. 2013).
· cites it 6× “t Board review of a minor disciplinary action, such as suspension for fewer than 15 days, the appeal would plainly be outside the Board’s jurisdiction, and review of the Board’s decision would be in this court, not in the district court, even if the employee contended that the…”
Arnold Wilson v. Dep't of Vets. Affairs, 2022 MSPB 7 (MSPB 2022).
· cites it 3× “§ 714 (c)(4)(B) (setting forth a 10-business-day time limit), with 5 C.F.R. § 1201.154 (a) (setting forth a 30-day time limit).”
Willie Davis v. Dep't of Vets. Affairs, 2022 MSPB 45 (MSPB 2022).
· cites it 4× “§ 7702 , and thus he was entitled to the 30-day filing deadline contained in the Board’s regulations regarding mixed cases at 5 C.F.R. § 1201.154 . IAF, Tab 7 at 5-6. ¶4 The administrative judge issued an initial decision, dismissing the appeal as untimely filed without a…”
Bonds v. Leavitt, 629 F.3d 369 (4th Cir. 2011).
“310(g); 5 C.F.R. § 1201.154 (b)(2). Butler v. West, 164 F.”
White v. Merit Sys. Prot. Bd., 230 F. App'x 976 (Fed. Cir. 2007).
· cites it 5× “The Board found that the appeal was untimely because it was not filed within the thirty days required by 5 C.F.R. § 1201.154 (b)(1) and good cause was not shown for the delay.”
Clarence Seay, Jr. v. Tennessee Valley Auth. Craven Crowell, 339 F.3d 454 (6th Cir. 2003).
“If the “mixed case” complaint is filed with the federal agent’s EEO process and a FAD is not issued within 120 days of the date of filing, “the complainant may appeal the matter to the MSPB at any time thereafter as specified at 5 C.F.R. 1201.154(b)(2) or may file a civil action…”
— 5 C.F.R. § 1201.154(a) — 1 case
— 5 C.F.R. § 1201.154(a)(1) — 1 case
— 5 C.F.R. § 1201.154(b)(1) — 1 case
— 5 C.F.R. § 1201.154(b)(2) — 1 case
Clarence Seay, Jr. v. Tennessee Valley Auth. Craven Crowell, 339 F.3d 454 (6th Cir. 2003).
“If the “mixed case” complaint is filed with the federal agent’s EEO process and a FAD is not issued within 120 days of the date of filing, “the complainant may appeal the matter to the MSPB at any time thereafter as specified at 5 C.F.R. 1201.154(b)(2) or may file a civil action…”
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