5 C.F.R. § 1201.35
Substituting parties
(a) If an appellant dies or is otherwise unable to pursue the appeal, the processing of the appeal will only be completed upon substitution of a proper party. Substitution will not be permitted where the interests of the appellant have terminated because of the appellant's death or other disability.
(b) The representative or proper party must file a motion for substitution within 90 days after the death or other disabling event, except for good cause shown.
(c) In the absence of a timely substitution of a party, the processing of the appeal may continue if the interests of the proper party will not be prejudiced.
Notes of Decisions
Cited in 29
cases (20 in the last 5 years), 1984–2026 · leading case: Thomas Dieter v. Dep't of Vets. Affairs, 2022 MSPB 32 (MSPB 2022).
Thomas Dieter v. Dep't of Vets. Affairs, 2022 MSPB 32 (MSPB 2022). “5 C.F.R. § 1201.35 (a). Substitution is not permitted when the appellant’s interests terminate due to his death.”
Helen Darsigny v. Off. of Pers. Mgmt., 787 F.2d 1555 (Fed. Cir. 1986). “Darsigny, substituted pursuant to 5 C.F.R. § 1201.35 , appealed to the MSPB.”
William E. Scarborough v. Off. of Pers. Mgmt., 723 F.2d 801 (11th Cir. 1984). “See 5 C.F.R. § 1201.35 (1982). See also Sante Bario v.”
Maxine Starr Harris v. Off. of Pers. Mgmt., 888 F.2d 121 (Fed. Cir. 1989). “Harris was substituted by the administrative judge for purpose of appeal pursuant to 5 C.F.R. § 1201.35 (1988).”
James Roberts v. Nat'l Aeronautics & Space Admin (MSPB 2024). “5 C.F.R. § 1201.35 . In September 2018, the appellant, proceeding pro se, filed a Board appeal contesting his retirement from the Federal service.”
Harold Davie v. Off. of Pers. Mgmt. (MSPB 2024). “Kerner, Member FINAL ORDER The appellant has filed a petition for review of the initial decision that dismissed her late husband’s Board appeal of an Office of Personnel Management 1 Pursuant to 5 C.F.R. § 1201.35 (a) and for the reasons set forth herein, the Board substitutes…”
Janis Hanson v. Off. of Pers. Mgmt. (MSPB 2023). “¶2 Pursuant to 5 C.F.R. § 1201.35 (a), if an appellant dies during the pendency of her appeal, the processing of the appeal will only be completed upon the substitution of a proper party.”
Andrew Searcy v. Off. of Pers. Mgmt. (MSPB 2024). “5 C.F.R. § 1201.35 . ¶2 On January 22, 2021, the appellant filed a Board appeal, alleging that the Board has jurisdiction under USERRA to adjudicate his due process violation claim.”
Andrew Searcy v. Off. of Pers. Mgmt. (MSPB 2024). “5 C.F.R. § 1201.35 . 1 A nonprecedential order is one that the Board has determined does not add significantly to the body of MSPB case law.”
Trevor McCardle v. Equal Emp. Opportunity Comm'n (MSPB 2023). “5 C.F.R. § 1201.35 (a). Motions to substitute must be filed with the Board within 90 days after the death of a party except for good cause shown.”
Trevor McCardle v. Equal Emp. Opportunity Comm'n (MSPB 2023). “5 C.F.R. § 1201.35 (a). Motions to substitute must be filed with the Board within 90 days after the death of a party except for good cause shown.”
Trevor McCardle v. Equal Emp. Opportunity Comm'n (MSPB 2022). “5 C.F.R. § 1201.35 (a). Motions to substitute must be filed with the Board within 90 days after the death of a party except for good cause shown.”
— 5 C.F.R. § 1201.35(a) — 1 case
Judith Duckworth v. Dep't of the Army (MSPB 2023).
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