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. § 1203.16

Proceedings

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The Board has substantial discretion in conducting a regulation review under this part. It may conduct a review on the basis of the pleadings alone, or on the basis of the pleadings along with any or all of the following:

(a) Additional written comments;

(b) Oral argument;

(c) Evidence presented at a hearing; and/or

(d) Evidence gathered through any other appropriate procedures that are conducted in accordance with law.

Notes of Decisions
Cited in 1 case, 1984–1984 · leading case: Nat'l Treasury Employees Union v. United States Merit Sys. Prot. Bd. & United States Off. of Pers. Mgmt., 743 F.2d 895 (D.C. Cir. 1984).
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Nat'l Treasury Employees Union v. United States Merit Sys. Prot. Bd. & United States Off. of Pers. Mgmt., 743 F.2d 895 (D.C. Cir. 1984). · cites it 2× “5 C.F.R. § 1203.16 (1983). If the MSPB then determines that a provision of a rule or regulation is invalid on its face, or as implemented, § 1205(e)(3)(C) requires it to direct agencies to cease compliance with the provision or to correct any invalid implementation.”
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