(a) Place of filing. Appeals, and responses to those appeals, must be filed with the appropriate Board regional or field office. See § 1201.4(d) of this part.
(b) Time of filing. (1) Except as provided in paragraph (b)(2) of this section, an appeal must be filed 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, whichever is later. Where an appellant and an agency mutually agree in writing to attempt to resolve their dispute through an alternative dispute resolution process prior to the timely filing of an appeal, however, the time limit for filing the appeal is extended by an additional 30 days—for a total of 60 days. A response to an appeal must be filed within 20 days of the date of the Board's acknowledgment order. The time for filing a submission under this section is computed in accordance with § 1201.23 of this part.
(2) The time limit prescribed by paragraph (b)(1) of this section for filing an appeal does not apply where a law or regulation establishes a different time limit or where there is no applicable time limit. No time limit applies to appeals under the Uniformed Services Employment and Reemployment Rights Act (Pub. L. 103-353), as amended; see part 1208 of this title. See part 1208 of this title for the statutory filing time limits applicable to appeals under the Veterans Employment Opportunities Act (Pub. L. 105-339). See part 1209 of this title for the statutory filing time limits applicable to whistleblower appeals and stay requests.
(3) An appellant is responsible for keeping the agency informed of his or her current home address for purposes of receiving the agency's decision, and correspondence which is properly addressed and sent to the appellant's address via postal or commercial delivery is presumed to have been duly delivered to the addressee. While such a presumption may be overcome under the circumstances of a particular case, an appellant may not avoid service of a properly addressed and mailed decision by intentional or negligent conduct which frustrates actual service. The appellant may also be deemed to have received the agency's decision if it was received by a designated representative or a person of suitable age and discretion residing with the appellant. The following examples, while not controlling, illustrate potential application of this rule:
Example A:An appellant who fails to pick up mail delivered to his or her post office box may be deemed to have received the agency decision.Example B:An appellant who did not receive his or her mail while in the hospital may overcome the presumption of actual receipt.Example C:An appellant may be deemed to have received an agency decision received by his or her roommate.(c) Timeliness of appeals. If a party does not submit an appeal within the time set by statute, regulation, or order of a judge, it will be dismissed as untimely filed unless a good reason for the delay is shown. The judge will provide the party an opportunity to show why the appeal should not be dismissed as untimely.
(d) Method of filing an appeal. Filing of an appeal must be made with the appropriate Board office by commercial or personal delivery, by facsimile, by mail, or by electronic filing under § 1201.14.
(e) Filing a response. Filing of a response must be made with the appropriate Board office by commercial or personal delivery, by facsimile, by mail, or by electronic filing under § 1201.14.
[54 FR 53504, Dec. 29, 1989]
Editorial Note:For Federal Register citations affecting § 1201.22, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
Notes of Decisions
Diane C. Shiflett v. United States Postal Serv., 839 F.2d 669 (Fed. Cir. 1988).
· cites it 7× “12 ] for waiving the time limit [of 5 C.F.R. § 1201.22 (b)] for filing the petition because the agency failed to provide petitioner with any notice of her appeal rights as required by 5 C.”
Juanita C. Mendoza v. Merit Sys. Prot. Bd., 966 F.2d 650 (Fed. Cir. 1992).
· cites it 3× “5 C.F.R. § 1201.22 (b) (1991). If the appeal is not filed within this time period, it will be dismissed as untimely unless the petitioner shows “a good reason for the delay.”
G.K. Phillips v. United States Postal Serv., 695 F.2d 1389 (Fed. Cir. 1982).
· cites it 2× “5 CFR 1201.22(b) (1980). This twenty-day time period may be waived by a presiding official if good cause is shown, placing the burden on the appellant to show a reasonable excuse for a delay in filing an appeal.”
Mora v. Sec'y of Health & Human Servs., 122 Fed. Cl. 199 (Fed. Cl. 2015).
· cites it 5× “” 5 C.F.R. § 1201.22 (e) (2012). In Herring , the petitioner’s appeal was filed ten days late because her attorney’s office “negligently failed to transmit to her attorney” the documents she submitted “while confirming to Ms.”
Peggy Maloney v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 26 (MSPB 2022).
“180 , 184 (1980); 5 C.F.R. § 1201.22 (b). 26 ¶41 Finally, the appellant claims that: the administrative judge failed to rule on her request that he ask the Office of Special Counsel (OSC) for an injunction against EOP; she has new evidence concerning her health condition; and…”
Tatum v. Merit Sys. Prot. Bd., 482 F. App'x 554 (Fed. Cir. 2012).
· cites it 5× “See 5 C.F.R. § 1201.22 (b)(1). Tatum did not file a grievance challenging his removal until April 9, 2010.”
Margaret C. Pyles v. Merit Sys. Prot. Bd., 45 F.3d 411 (Fed. Cir. 1995).
· cites it 3× “5 C.F.R. § 1201.22 (b) (1993). If the appeal is not filed within this time period, it will be dismissed as untimely filed unless the petitioner shows “a good reason for the delay.”
Carlton A. Walls v. Merit Sys. Prot. Bd., 29 F.3d 1578 (Fed. Cir. 1994).
“within twenty (20) days from the effective date of this decision,” as provided for in 5 C.F.R. § 1201.22 (b) (1992), and also informed petitioner that “[attached for your reference are a copy of the Merit Systems Protection Board regulations and a copy of the appeal form.”
Charlotte A. Miller v. Dep't of the Army, 987 F.2d 1552 (Fed. Cir. 1993).
· cites it 2× “5 C.F.R. § 1201.22 (b) (1992). Ms. Miller subsequently retained legal counsel to assist her in appealing these actions.”
Helman v. Dep't of Vets. Affairs, 856 F.3d 920 (Fed. Cir. 2017).
“For example, where Title 5 provides thirty days to appeal an adverse action to the MSPB, 5 C.F.R. § 1201.22 (b)(1), § 713 only provides seven, 38 U.”
— 5 C.F.R. § 1201.22(a) — 1 case
— 5 C.F.R. § 1201.22(b) — 10 cases
G.K. Phillips v. United States Postal Serv., 695 F.2d 1389 (Fed. Cir. 1982).
“5 CFR 1201.22(b) (1980). This twenty-day time period may be waived by a presiding official if good cause is shown, placing the burden on the appellant to show a reasonable excuse for a delay in filing an appeal.”
— 5 C.F.R. § 1201.22(c) — 2 cases
— 5 C.F.R. § 1201.22(c)(1) — 1 case
— 5 C.F.R. § 1201.22(c)(2) — 1 case
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