[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Rules and Regulations]
[Page 61321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24864]
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Rules and Regulations
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Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 /
Rules and Regulations
[[Page 61321]]
MERIT SYSTEMS PROTECTION BOARD
5 CFR Part 1201
Practices and Procedures
AGENCY: Merit Systems Protection Board.
ACTION: Interim rule.
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SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is
amending its practices and procedures regulations to make clear that
the Board may, in its discretion, include discussion of issues raised
in an appeal in a nonprecedential Final Order.
DATES: Effective date: October 5, 2010. Submit written comments on or
before November 4, 2010.
ADDRESSES: Send comments to William D. Spencer, Clerk of the Board,
Merit Systems Protection Board, 1615 M Street, NW., Washington, DC
20419; (202) 653-7200; fax: (202) 653-7130; or e-mail: [email protected].
FOR FURTHER INFORMATION CONTACT: William D. Spencer, Clerk of the
Board, Merit Systems Protection Board, 1615 M Street, NW., Washington,
DC 20419; (202) 653-7200; fax: (202) 653-7130; or e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: This amendment, adding a new paragraph (c)
to 5 CFR 1201.117, which reflects recent changes in the Board's
internal procedures, is intended to give the parties greater insight
into the reasoning supporting the Board's decision in a particular case
without requiring the Board to issue a precedential decision. The Board
believes that including more information in its nonprecedential
decisions will be beneficial to both appellants and agencies because
both parties will more fully understand the Board's reasoning and have
added assurance that the Board fully considered their arguments on
appeal.
This amendment to 5 CFR 1201.117 also revises paragraph (b) to make
clear that the Board may issue a final decision and, when appropriate,
order a date for compliance with that decision.
List of Subjects in 5 CFR Part 1201
Administrative practice and procedure.
0
Accordingly, the Board amends 5 CFR part 1201 as follows:
PART 1201--[AMENDED]
Authority: 5 U.S.C. 1204 and 7701, unless otherwise noted.
0
1. Revise Sec. 1201.117 to read as follows:
Sec. 1201.117 Board action on petition for review or reopening.
(a) In any case that is reopened or reviewed, the Board may:
(1) Issue a decision that denies or grants a petition for review,
modifies or supplements an initial decision, or reopens an appeal, and
decides the case;
(2) Hear oral arguments;
(3) Require that briefs be filed;
(4) Remand the appeal so that the judge may take further testimony
or evidence or make further findings or conclusions; or
(5) Take any other action necessary for final disposition of the
case.
(b) The Board may affirm, reverse, modify, supplement, or vacate
the initial decision of a judge, in whole or in part. The Board may
issue a final decision and, when appropriate, order a date for
compliance with that decision.
(c) The Board may issue a final decision in the form of a Final
Order or an Opinion and Order. In the Board's sole discretion, a Final
Order may, but need not, include additional discussion of the issues
raised in the appeal. All Final Orders are nonprecedential and may not
be cited or referred to except by a party asserting issue preclusion,
claim preclusion, collateral estoppel, res judicata, or law of the
case. Only an Opinion and Order is a precedential decision of the
Board, and an Opinion and Order may be appropriately cited or referred
to by any party.
Dated: September 29, 2010.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2010-24864 Filed 10-4-10; 8:45 am]
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