C.F.R. » Title 5 » CHAPTER II—MERIT SYSTEMS PROTECTION BOARD › SUBCHAPTER A—ORGANIZATION AND PROCEDURES › PART 1201—PRACTICES AND PROCEDURES › Subpart E—Procedures for Cases Involving Allegations of Discrimination

5 C.F.R. § 1201.156

Time for processing appeals involving allegations of discrimination

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(a) Issue raised in appeal. When an appellant alleges prohibited discrimination in the appeal, the judge will decide both the issue of discrimination and the appealable action within 120 days after the appeal is filed.

(b) Issue not raised in appeal. When an appellant has not alleged prohibited discrimination in the appeal, but has raised the issue later in the proceeding, the judge will decide both the issue of discrimination and the appealable action within 120 days after the issue is raised.

(c) Discrimination issue remanded to agency. When the judge remands an issue of discrimination to the agency, adjudication will be completed within 120 days after the agency completes its action and returns the case to the Board.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1990–2025 · leading case: John C. Kelliher v. Ann M. Veneman, 313 F.3d 1270 (11th Cir. 2002).
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John C. Kelliher v. Ann M. Veneman, 313 F.3d 1270 (11th Cir. 2002). “Without regard to law Plaintiff also asserts that the decision of the MSPB was made without regard to law because the determination of the MSPB was not made within 120 days as required by 5 C.F.R. § 1201.156 (a). Although the 120 days may be relevant in allowing an appeal before…”
Darlene BUTLER, Appellant, v. Togo D. WEST, Jr., Sec'y, Dep't of the Army, Appellee, 164 F.3d 634 (D.C. Cir. 1999). “310 (h), promulgated by the EEOC, allows an individual with a mixed case appeal before the MSPB "to file a civil action in an appropriate United States District Court .”
Ricky Smith v. John Potter, 400 F. App'x 806 (5th Cir. 2010). “302 ; 5 C.F.R. § 1201.156 (“the judge will decide both the issue of discrimination and the appealable action within 120 days after the appeal is filed”).”
Julio M. CRUZ, Petitioner, v. Dep't OF the NAVY, Respondent, 906 F.2d 689 (Fed. Cir. 1990). “§ 7702 (a)(1); 5 C.F.R. § 1201.156 ; Ballentine v. Merit Systems Protection Board, 738 F.”
Cruz v. Dep't of the Navy, 934 F.2d 1240 (Fed. Cir. 1991). “§ 7702 ; 5 C.F.R. § 1201.156 ; Ballentine v. Merit Sys.”
Norris v. Acting Sec'y, United States Dep't of Homeland Sec., No. 1:20-cv-20179 (S.D. Fla. Oct. 15, 2020). · cites it 2× “to the requirement under 5 C.F.R. section 1201.156 that MSPB appeals be adjudicated within 120 days.”
Haas v. Mayorkas, No. 4:22-cv-04235 (S.D. Tex. Feb. 19, 2025). “302 ; 5 C.F.R. §1201.156 . Once the employee who initiates either of these procedural paths receives a final determination, the employee may pursue judicial review of the final determination.”
Mark Allen Williams v. United States Postal Serv. (MSPB 2014). “¶7 In his petition for review, 2 the appellant asserts that the administrative judge violated 5 C.F.R. § 1201.156 (a) in that the initial decision was issued after the 120-day deadline set by the Board for issuance of an initial decision in a mixed-case appeal.”
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