Statutes, codes, and regulations
Code of Federal Regulations
Title 5 - ADMINISTRATIVE PERSONNELChapter II - MERIT SYSTEMS PROTECTION BOARDSubchapter A - ORGANIZATION AND PROCEDURESPart 1208 - PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT OPPORTUNITIES ACT
Subpart B - USERRA APPEALS
Section 1208.16 - Appeals under another law, rule, or regulation

5 C.F.R. § 1208.16

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Current through May 31, 2024
Section 1208.16 - Appeals under another law, rule, or regulation

Nothing in USERRA prevents an appellant who may appeal an agency action to the Board under any other law, rule, or regulation from raising a claim of a USERRA violation in that appeal. The Board will treat such a claim as an affirmative defense that the agency action was not in accordance with law (5 CFR 1201.56(b)(3) ) .

5 C.F.R. §1208.16