C.F.R. » Title 5 » CHAPTER II—MERIT SYSTEMS PROTECTION BOARD › SUBCHAPTER A—ORGANIZATION AND PROCEDURES › PART 1201—PRACTICES AND PROCEDURES › Subpart B—Procedures for Appellate Cases

5 C.F.R. § 1201.53

Record of proceedings

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(a) Recordings. A recording of the hearing is generally prepared by a court reporter, under the judge's guidance. Such a recording is included with the Board's copy of the appeal file and serves as the official hearing record. Judges may prepare recordings in some hearings, such as those conducted telephonically.

(b) Transcripts. A “transcript” refers not only to printed copies of the hearing testimony, but also to electronic versions of such documents. Along with recordings, a transcript prepared by the court reporter is accepted by the Board as the official hearing record. Any party may request that the court reporter prepare a full or partial transcript, at the requesting party's expense. Judges do not prepare transcripts.

(c) Copies. Copies of recordings or existing transcripts will be provided upon request to parties free of charge. Such requests should be made in writing to the adjudicating regional or field office, or to the Clerk of the Board, as appropriate. Nonparties may request a copy of a hearing recording or existing transcript under the Freedom of Information Act (FOIA) and Part 1204 of the Board's regulations. A nonparty may request a copy by writing to the appropriate Regional Director, the Chief Administrative Judge of the appropriate MSPB Field Office, or to the Clerk of the Board at MSPB headquarters in Washington, DC, as appropriate. Nonparties may also make FOIA requests online at https://foia.mspb.gov.

(d) Corrections to transcript. Any discrepancy between the transcript and the recording shall be resolved by the judge or the Clerk of the Board, as appropriate. Corrections to the official transcript may be made on motion by a party or on the judge's own motion or by the Clerk of the Board, as appropriate. Motions for corrections must be filed within 10 days after the receipt of a transcript. Corrections of the official transcript will be made only when substantive errors are found by the judge or by the Clerk of the Board, as appropriate.

(e) Official record. Hearing exhibits and pleadings that have been accepted into the record, the official hearing record, if a hearing is held, and all orders and decisions of the judge and the Board, make up the official record of the case. Other than the Board's decisions, the official record is not available for public inspection and copying. The official record is, however, subject to requests under both the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a) pursuant to the procedures contained in 5 CFR parts 1204 and 1205.

[77 FR 62366, Oct. 12, 2012]
Notes of Decisions
Cited in 24 cases (14 in the last 5 years), 1982–2026 · leading case: Rudolph S. Gonzales v. Def. Logistics Agency, 772 F.2d 887 (Fed. Cir. 1985).
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Rudolph S. Gonzales v. Def. Logistics Agency, 772 F.2d 887 (Fed. Cir. 1985). · cites it 3× “” Pursuant to section 7701(j) the board has prescribed 5 C.F.R. § 1201.53 concerning the transcript requirement.”
Billy G. Asberry v. United States Postal Serv., 692 F.2d 1378 (Fed. Cir. 1982). “5 C.F.R. § 1201.53 (b) provides: Corrections.”
Anthony R. Harp v. Dep't of the Army, 791 F.2d 161 (Fed. Cir. 1986). “According to Mr. Harp, the absence of a transcript deprives this court of a basis for reviewing the decision, and violates 5 U.”
Paul Vaughan Gearan v. Dep't of Health & Human Servs., & Merit Sys. Prot. Bd., Intervenor, 838 F.2d 1190 (Fed. Cir. 1988). · cites it 3× “§ 7701 : Pursuant to section 7701(j) the board has prescribed 5 C.F.R. § 1201.53 concerning the transcript requirements.”
Lawrence Mattison v. Dep't of Vets. Affairs (MSPB 2023). · cites it 3× “5 C.F.R. § 1201.53 (a). The Board’s regulations do not require the creation of a hearing transcript.”
Robert D. Eldridge v. Dep't of the Navy (MSPB 2016). · cites it 2× “See 5 C.F.R. § 1201.53 (e). 8 raised in the first instance on review, because he has not demonstrated that they are based on new and material evidence that was not previously available despite his due diligence.”
Jennifer Eoff v. Dep't of the Interior (MSPB 2023). · cites it 2× “While the Board currently makes hearing audio files available to the parties through the e-Appeal Repository in many instances (following receipt of the audio files from the court reporter), 5 C.F.R. § 1201.53 (c) requires that parties make a written request for such recordings,…”
Donna M Lowe v. Dep't of Vets. Affairs (MSPB 2024). · cites it 2× “See 5 C.F.R. § 1201.53 (b) (“Any party may request that the court reporter prepare a full or partial transcript, at the requesting party’s expense.”
Patrick v. Fdic (Fed. Cir. 2026). · cites it 2× “Patrick’s motion to compel discov- ery; (4) violation of 5 C.F.R. § 1201.53 by the AJ and the Board in denying access by Ms.”
Aaron Darnell Grant v. Dep't of the Treasury (MSPB 2015). · cites it 2× “See 5 C.F.R. § 1201.53 (a). A written transcript will be accepted as the official hearing record when prepared by the court reporter.”
McCarthy Barnes, Jr. v. Dep't of Def. (MSPB 2016). “The appellant might have asked the court reporter to prepare a full or partial transcript, 5 C.F.R. § 1201.53 (b), from which he could have obtained citations.”
Mitrano v. Air Force (Fed. Cir. 2018). “Mitrano has not identified any violation by the Board of its regulations regarding the provision of tran- scripts when requested, 5 C.F.R. § 1201.53 . III For the foregoing reasons, we affirm the Board’s deci- sion.”
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