C.F.R. » Title 5 » CHAPTER II—MERIT SYSTEMS PROTECTION BOARD › SUBCHAPTER A—ORGANIZATION AND PROCEDURES › PART 1203—PROCEDURES FOR REVIEW OF RULES AND REGULATIONS OF THE OFFICE OF PERSONNEL MANAGEMENT

5 C.F.R. § 1203.12

Granting or denying the request for regulation review

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(a) The Board, in its sole discretion, may grant or deny an interested person's request for regulation review. It will grant a request for regulation review that the Special Counsel submits. It will not, however, review a regulation before its effective date.

(b) If the Board grants a request, it will review the regulation to determine whether any provision, whether on its face or as implemented by the agency, would require any employee to violate 5 U.S.C. 2302(b).

[54 FR 23632, June 2, 1989, as amended at 56 FR 41749, Aug. 23, 1991; 89 FR 72966, Sept. 9, 2024]
Notes of Decisions
Cited in 29 cases (18 in the last 5 years), 2014–2026 · leading case: Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2016).
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Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2016). “12(b) ( 5 C.F.R. § 1203.12 (b)). NOTICE TO THE APPELLANT REGARDING YOUR FURTHER REVIEW RIGHTS You have the right to request review of this final decision by the U.”
Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2016). “12(b) ( 5 C.F.R. § 1203.12 (b)). FOR THE BOARD: ______________________________ William D.”
Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2016). “12(b) ( 5 C.F.R. § 1203.12 (b)). BACKGROUND ¶2 The petitioner contends that 5 C.”
Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2016). “12(b) ( 5 C.F.R. § 1203.12 (b)). BACKGROUND ¶2 The petitioner requests the Board to review an OPM regulation in title 5, part 211.”
Juan B. Wilkins v. Off. of Pers. Mgmt. (MSPB 2016). “12(b) ( 5 C.F.R. § 1203.12 (b)). FOR THE BOARD: ______________________________ Jennifer Everling Acting Clerk of the Board Washington, D.”
Artemio E. Caja v. Off. of Pers. Mgmt. (MSPB 2016). “12(b) ( 5 C.F.R. § 1203.12 (b)). 3 NOTICE TO THE APPELLANT REGARDING YOUR FURTHER REVIEW RIGHTS You have the right to request review of this final decision by the U.”
Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2016). “12(b) ( 5 C.F.R. § 1203.12 (b)). BACKGROUND ¶2 The petitioner contends that the two challenged regulations are invalid both on their face and as implemented by the Department of Homeland Security (DHS).”
Peter McMillan v. Off. of Pers. Mgmt. (MSPB 2022). “12(b) ( 5 C.F.R. § 1203.12 (b)). FOR THE BOARD: /s/ for Jennifer Everling Acting Clerk of the Board Washington, D.”
Joseph Early v. Off. of Pers. Mgmt. (MSPB 2023). “12(b) ( 5 C.F.R. § 1203.12 (b)). NOTICE OF APPEAL RIGHTS 8 You may obtain review of this final decision.”
Stephanie Redding v. Off. of Pers. Mgmt. (MSPB 2023). “12(b) ( 5 C.F.R. § 1203.12 (b)). NOTICE OF APPEAL RIGHTS You may obtain review of this final decision.”
Thomas Forest v. Off. of Pers. Mgmt. (MSPB 2023). “12(b) ( 5 C.F.R. § 1203.12 (b)). DISCUSSION ¶1 The Board has original jurisdiction to review rules and regulations promulgated by OPM.”
Peggy Maloney v. Off. of Pers. Mgmt. (MSPB 2023). “12(b) ( 5 C.F.R. § 1203.12 (b)). FOR THE BOARD: /s/ for Jennifer Everling Acting Clerk of the Board Washington, D.”
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