(a) Procedure. A party to an appeal may be represented in any matter related to the appeal. Parties may designate a representative, revoke such a designation, and change such a designation in a signed submission, submitted as a pleading.
(b) A party may choose any representative as long as that person is willing and available to serve. The other party or parties may challenge the designation, however, on the ground that it involves a conflict of interest or a conflict of position. Any party who challenges the designation must do so by filing a motion with the judge within 15 days after the date of service of the notice of designation or 15 days after a party becomes aware of the conflict. The judge will rule on the motion before considering the merits of the appeal. These procedures apply equally to each designation of representative, regardless of whether the representative was the first one designated by a party or a subsequently designated representative. If a representative is disqualified, the judge will give the party whose representative was disqualified a reasonable time to obtain another one.
(c) The judge, on his or her own motion, may disqualify a party's representative on the grounds described in paragraph (b) of this section.
(d) As set forth in paragraphs (d) and (e) of § 1201.43 of this part, a judge may exclude a representative from all or any portion of the proceeding before him or her for contumacious conduct or conduct prejudicial to the administration of justice.
[54 FR 53504, Dec. 29, 1989, as amended at 62 FR 62689, Nov. 25, 1997; 62 FR 66815, Dec. 22, 1997; 63 FR 35500, June 30, 1998; 65 FR 5409, Feb. 4, 2000; 68 FR 59862, Oct. 20, 2003; 69 FR 57630, Sept. 27, 2004; 77 FR 62365, Oct. 12, 2012]
Notes of Decisions
Chong McClenning v. Dep't of the Army, 2022 MSPB 3 (MSPB 2022).
“5 C.F.R. § 1201.31 . Further, the parties each must meet their respective burdens of proof in establishing their claims and defenses.”
Bonita Tiffany v. Dep't of the Navy, 795 F.2d 67 (Fed. Cir. 1986).
“§ 7701 (a)(2) (1982); 5 C.F.R. § 1201.31 (1986). The evidence of record establishes that Tiffany was provided adequate notice *70 of her right to representation which was sufficient to satisfy the obligation imposed by these statutes or regulation.”
Mosely v. Dep't of the Navy, 229 Ct. Cl. 718 (Ct. Cl. 1981).
“” 5 C.F.R. § 1201.31 provides that the parties to an appeal shall designate their represenative, and that a party may choose any representative, as long as that person is willing and available to serve.”
Elizabeth R. Ilagan v. Dep't of Vets. Affairs (MSPB 2016).
· cites it 2× “5 C.F.R. § 1201.31 (b). Absent a conflict of interest or position, the Board has held that the choice of representative is personal, and parties may choose to be represented by a nonattorney if they wish.”
Hernandez v. Def. (Fed. Cir. 2020).
· cites it 2× “See 5 C.F.R. § 1201.31 (b) (“A party may choose any repre- sentative as long as that person is willing and available to serve.”
Aki Singam v. Dep't of Def. (MSPB 2023).
· cites it 2× “5 C.F.R. § 1201.31 (a). A party may choose any representative as long as that person is willing and available to serve.”
Renee A. Chrustowski v. U.S. Postal Serv. (MSPB 2026).
· cites it 2× “5 C.F.R. §§ 1201.31 (b)-(c), 1201.43(d). In denying the appellant’s motion, the administrative judge reasoned that the appellant did not identify a sufficient basis for disqualifying the agency’s representatives.”
Aki Singam v. Dep't of Def. (MSPB 2016).
“See 5 C.F.R. § 1201.31 (a), (b). 6 application for health benefits subject to applicable law and regulations during her LWOP period.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.