Appeals shall be processed in accordance with regulations prescribed by the Board.
the Director may as a matter of right intervene or otherwise participate in that proceeding before the Board. If the Director exercises his right to participate in a proceeding before the Board, he shall do so as early in the proceeding as practicable. Nothing in this title shall be construed to permit the Office to interfere with the independent decisionmaking of the Merit Systems Protection Board.
The Board, for good cause shown, may extend the 30-day period referred to in subparagraph (A) of this paragraph. One member of the Board may grant a petition or otherwise direct that a decision be reviewed by the full Board. The preceding sentence shall not apply if, by law, a decision of an administrative law judge is required to be acted upon by the Board.
if the deciding official or officials hearing the cases are of the opinion that the action could result in the appeals' being processed more expeditiously and would not adversely affect any party.
5 U.S.C. § 7701
|HISTORICAL AND REVISION NOTES|
|Derivation||U.S. Code||Revised Statutes and |
Statutes at Large
|5 U.S.C. 863 (less 1st 168 words, and less 2d proviso).||June 27, 1944, ch. 287, §14 (less 1st 168 words, and less 2d proviso), 58 Stat. 390. |
Aug. 4, 1947, ch. 447, 61 Stat. 723.
|5 U.S.C. 868 (proviso).||June 22, 1948, ch. 604, 62 Stat. 575.|
AMENDMENTS2002-Subsec. (c)(1)(A). Pub. L. 107-296 which directed the amendment of subpar. (A) by striking "or removal from the Senior Executive Service for failure to be recertified under section 3393a", was executed by striking out "or a removal from the Senior Executive Service for failure to be recertified under section 3393a" after "section 4303" to reflect the probable intent of Congress.1992-Subsec. (c)(1)(A). Pub. L. 102-378 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "in the case of an action based on unacceptable performance described in section 4303 or a removal from the Senior Executive Service for failure to be recertified under sectionof this title, is supported by substantial evidence, or".1991-Subsec. (b)(3). Pub. L. 102-175 added par. (3).1990-Subsec. (c)(1)(A). Pub. L. 101-280 amended Pub. L. 101-194 see 1989 Amendment note below.Subsecs. (j), (k). Pub. L. 101-376 added subsec. (j) and redesignated former subsec. (j) as (k). 1989-Subsec. (b). Pub. L. 101-12 designated existing provisions as par. (1) and added par. (2).Subsec. (c)(1)(A). Pub. L. 101-194 as amended by Pub. L. 101-280 which directed the substitution of "or a removal from the Senior Executive Service for failure to be recertified under section 3393a of" for "of", was executed by making the substitution for the second reference to "of" as the probable intent of Congress.1986-Subsec. (i)(2). Pub. L. 99-386 substituted "fiscal" for "calendar". 1979-Subsec. (e)(1). Pub. L. 96-54, §2(a)(45)(A), substituted "administrative" for "administration".Subsec. (g)(1). Pub. L. 96-54, §2(a)(45)(B), substituted "(as the case may be)" for ", as the case may be,".Subsec. (h). Pub. L. 96-54, §2(a)(45)(C), substituted "subsection (e)" for "subsection (d)". 1978- Pub. L. 95-454 substituted "Appellate procedures" for "Appeals of preference eligibles" in section catchline, and in text substituted provisions relating to procedures applicable with respect to the Merit Systems Protection Board for an employee or applicant for employment, for provisions relating to appeals of preference eligible employees.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296 set out as an Effective Date note under sectionof Title 6, Domestic Security.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-376 effective Aug. 17, 1990, and applicable with respect to any appeal or other proceeding brought on or after such date, see section 4 of Pub. L. 101-376 set out as a note under sectionof this title.
EFFECTIVE DATE OF 1989 AMENDMENTS Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101-194 set out as a note under sectionof this title.Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12 set out as a note under section of this title.
EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) of Pub. L. 96-54 set out as a note under sectionof this title.
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454 set out as a note under sectionof this title.
SAVINGS PROVISIONFor effect of Pub. L. 101-12 on orders, rules, and regulations issued before effective date of Pub. L. 101-12 administrative proceedings pending at time provisions of Pub. L. 101-12 take effect, and suits and other proceedings as in effect immediately before effective date of Pub. L. 101-12 see section 7 of Pub. L. 101-12 set out as a note under sectionof this title.
TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of reporting provisions in subsec. (i)(2) of this section, see section 3003 of Pub. L. 104-66 as amended, set out as a note under sectionof Title 31, Money and Finance, and page 177 of House Document No. 103-7.
EXECUTIVE ORDER NO. 11787Ex. Ord. No. 11787, June 11, 1974, 39 F.R. 20675; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided that the appeals system established by the Merit Systems Protection Board is the sole system of appeal for an employee covered by that appeal system, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
- The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.