5 C.F.R. § 1201.25
Content of agency response
The agency response to an appeal must contain the following:
(a) The name of the appellant and of the agency whose action the appellant is appealing;
(b) A statement identifying the agency action taken against the appellant and stating the reasons for taking the action;
(c) All documents contained in the agency record of the action;
(d) Designation of and signature by the authorized agency representative; and
(e) Any other documents or responses requested by the Board.
Notes of Decisions
Cited in 24
cases (8 in the last 5 years), 1983–2026 · leading case: Chong McClenning v. Dep't of the Army, 2022 MSPB 3 (MSPB 2022).
Chong McClenning v. Dep't of the Army, 2022 MSPB 3 (MSPB 2022). “5 C.F.R. § 1201.25 (b). The parties are expected to start and complete discovery with minimal intervention from the Board.”
Alfonso Debose v. United States Dep't of Agric., 700 F.2d 1262 (9th Cir. 1983). “” 5 C.F.R. § 1201.25 (a)(4) & see § 1201.61.”
Kim L. Hamilton v. Merit Sys. Prot. Bd., 75 F.3d 639 (Fed. Cir. 1996). “The Agency was ordered to submit material set out in a schedule and other information required by 5 C.F.R. § 1201.25 within 20 days of the date of the Order; to designate a representative; and to negotiate with appellant in order to define the issues, agree to stipulations, and…”
Nichols v. Merit Sys. Prot. Bd., 625 F. App'x 987 (Fed. Cir. 2015). “Nichols petitioned for review of the Initial Decision, arguing the Agency failed to submit an agency file with all of the relevant information, as required by 5 C.F.R. § 1201.25 (c) (“The agency response to an appeal must contain .”
Thomas v. Off. of Pers. Mgmt., 350 F. App'x 448 (Fed. Cir. 2009). “Thomas presented no evidence of sanctionable conduct by any party. Moreover, the record shows that OPM fully complied with § 1201.”
Lucas v. Off. of Pers. Mgmt., 614 F. App'x 491 (Fed. Cir. 2015). “OPM was required by 5 C.F.R. § 1201.25 to produce all documents contained in the agency’s record of the action.”
Jolley v. Dep't of Just., 602 F. App'x 805 (Fed. Cir. 2015). “Jolley does not, however, identify any specific documents that the Department of Justice failed to produce in response to the acknowledgment order.”
Christopher L. Elder v. Dep't of the Air Force, 2016 MSPB 41 (MSPB 2016). “which are relevant and material to this appeal” and any other information required by 5 C.F.R. § 1201.25 . IAF, Tab 2 at 6, 8. The agency’s responsive pleading contained only the following documents directly relevant to the charges: the settlement agreement of the appellant’s…”
Christopher L. Elder v. Dep't of the Air Force, 2016 MSPB 41 (MSPB 2016). “which are relevant and material to this appeal” and any other information required by 5 C.F.R. § 1201.25 . IAF, Tab 2 at 6, 8. The agency’s responsive pleading contained only the following documents directly relevant to the charges: the settlement agreement of the appellant’s…”
Nikolay Tikhonov v. Off. of Pers. Mgmt. (MSPB 2016). “¶9 Finally, under 5 C.F.R. § 1201.25 (c), OPM was required to submit all documents contained in its record regarding the action at issue.”
Nikolay Tikhonov v. Off. of Pers. Mgmt. (MSPB 2016). “¶9 Finally, under 5 C.F.R. § 1201.25 (c), OPM was required to submit all documents contained in its record regarding the action at issue.”
Michael A. Nichols v. Dep't of the Navy (MSPB 2014). “¶4 The appellant has filed a petition for review arguing that the agency failed to comply with 5 C.F.R. § 1201.25 , which requires the agency to submit an agency file with all of the relevant information and that, had the agency complied with this requirement, it would have…”
— 5 C.F.R. § 1201.25(a) — 1 case
David Brandt v. Dep't of Vets. Affairs (MSPB 2026).
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