5 C.F.R. § 1201.24

Content of an appeal; right to hearing

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(a) Content. Only an appellant, his or her designated representative, or a party properly substituted under § 1201.35 may file an appeal. Appeals may be in any format, including letter form. An appeal may be filed electronically provided that the requirements of § 1201.14 have been satisfied. All appeals must contain the following:

(1) The name, address, telephone number, and email address of the appellant, and the name and address of the agency that took the action;

(2) A description of the action the agency took and its effective date;

(3) A request for hearing if the appellant wants one;

(4) A statement of the reasons why the appellant believes the agency action is wrong;

(5) A statement of the action the appellant would like the judge to order;

(6) The name, address, telephone number, and email address of the appellant's representative, if the appellant has a representative;

(7) Where applicable, a copy of the notice of proposed action, the agency decision being appealed and, if available, the SF-50 or similar notice of personnel action. No other attachments should be included with the appeal, as the agency will be submitting the documents required by 1201.25 of this part, and there will be several opportunities to submit evidence and argument after the appeal is filed. An appellant should not miss the deadline for filing merely because he or she does not currently have all of the documents specified in this section.

(8) A statement telling whether the appellant or anyone acting on his or her behalf has filed a grievance or a formal discrimination complaint with any agency regarding this matter; and

(9) The signature of the appellant or, if the appellant has a representative, of the representative. If the appeal is electronically filed, compliance with § 1201.14 and the directions at e-Appeal satisfy the signature requirement.

(b) An appellant may raise a claim or defense not included in the appeal at any time before the end of the conference(s) held to define the issues in the case. An appellant may not raise a new claim or defense after that time, except for good cause shown. However, a claim or defense not included in the appeal may be excluded if a party shows that including it would result in undue prejudice.

(c) Use of Board form or electronic filing. An appellant may comply with paragraph (a) of this section, and with § 1201.31, by completing MSPB Form 185, or by completing all requests for information marked as required at e-Appeal. MSPB Form 185 can be accessed at the MSPB's website (http://www.mspb.gov).

(d) Right to hearing. An appellant generally has a right to a hearing on the merits if the appeal has been timely filed and the Board has jurisdiction over the appeal.

(e) Timely request. The appellant must submit any request for a hearing with the appeal, or within any other time period the judge sets for that purpose. If the appellant does not make a timely request for a hearing, the right to a hearing is waived.

[54 FR 53504, Dec. 29, 1989, as amended at 68 FR 59862, Oct. 20, 2003; 69 FR 57629, Sept. 27, 2004; 77 FR 62364, Oct. 12, 2012; 88 FR 67058, Sept. 29, 2023]

Notes of Decisions

Cited in 75 cases (27 in the last 5 years), 1983–2026 · leading case: Kirkendall v. Dep't of the Army, 479 F.3d 830 (Fed. Cir. 2007).

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Kirkendall v. Dep't of the Army, 479 F.3d 830 (Fed. Cir. 2007). · cites it 3× “5 C.F.R. § 1201.24 (d). The Board, however, has promulgated a separate regulation setting forth the procedures that apply in USERRA proceedings.”

Chong McClenning v. Dep't of the Army, 2022 MSPB 3 (MSPB 2022). · cites it 2× “5 C.F.R. § 1201.24 (a)(4). The agency’s response to the appeal must include a statement of the reasons for the action and all documents contained in the agency’s record of the action.”

Guy Spezzaferro v. Fed. Aviation Admin., 807 F.2d 169 (Fed. Cir. 1986). “§ 7701 (a); 5 C.F.R. § 1201.24 (1982). The statute provides, however, that appeals shall be processed in accordance with regulations of the board.”

Donald H. Saunders v. Merit Sys. Prot. Bd., 757 F.2d 1288 (Fed. Cir. 1985). “Instead, he appeared to invoke — specifically citing 5 C.F.R. § 1201.24 (relating to normal petitions for appeal) — the normal appellate jurisdiction of the MSPB.”

Theodore Callahan v. Dep't of the Navy, 748 F.2d 1556 (Fed. Cir. 1984). · cites it 2× “5 C.F.R. § 1201.24 (c) (1984). Significantly, the agency has no statutory right to a hearing.”

Nat'l Treasury Employees Union v. Chertoff, 385 F. Supp. 2d 1 (D.D.C. 2005). “The MSPB regulations (1) state that every appellant has a right to a hearing, 5 C.F.R. § 1201.24 (d); (2) allow for discovery, and, of course, (3) do not mention the DHS Mandatory Review Panel.”

John Womack v. Merit Sys. Prot. Bd., 798 F.2d 453 (Fed. Cir. 1986). “The only Board regulation that provides for a hearing is 5 C.F.R. § 1201.24 (1982), which states that “[u]nder 5 U.”

Robert C. Williamson v. Merit Sys. Prot. Bd., 334 F.3d 1058 (Fed. Cir. 2003). “See 5 C.F.R. § 1201.24 (a) (2002) (listing the required contents of an appeal document).”

Ken A. Stout v. Merit Sys. Prot. Bd., 389 F.3d 1233 (Fed. Cir. 2004). “While 5 C.F.R. § 1201.24 (d) provides that "[u]nder 5 U.”

James W. Johnson v. Dep't of the Treasury, 721 F.2d 361 (Fed. Cir. 1983). “5 C.F.R. 1201.24(a)(4). 4 . Section 7701(i)(l) directs the MSPB, on submission of any appeal to the Board, to “establish and announce publicly the date by which it intends to complete action on the matter.”

Rodgers v. Perez, 139 F. Supp. 3d 67 (D.D.C. 2015). · cites it 2× “” 5 C.F.R. § 1201.24 (b). Ms. Rodgers informed the ALJ she was bringing a mixed case during the May 6, 2013 telephone conference.”

Stearn v. Dep't of the Navy, 280 F.3d 1376 (Fed. Cir. 2002). “5 C.F.R. § 1201.24 (b) (2001). In the Bremby and Stearn enforcement petition actions, the Navy failed to timely raise the res judicata defense.”

Show all 75 citing cases →

— 5 C.F.R. § 1201.24(a) — 1 case

Barry L. Dyer v. Tennessee Valley Auth., 972 F.2d 1353 (Fed. Cir. 1992).

— 5 C.F.R. § 1201.24(a)(4) — 1 case

— 5 C.F.R. § 1201.24(a)(9) — 1 case

Gloria D. Young, Annie L. Stevenson, & Claribell A. Umber v. Dep't of Com., Census Bureau, 737 F.2d 1029 (Fed. Cir. 1984).

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