[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1201.22]

[Page 14-15]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1201--PRACTICES AND PROCEDURES--Table of Contents
 
                Subpart B--Procedures for Appellate Cases
 
Sec. 1201.22  Filing an appeal and responses to appeals.

    (a) Place of filing. Appeals, and responses to those appeals, must 
be filed with the appropriate Board regional or field office. See 
Sec. 1201.4(d) of this part.
    (b) Time of filing. (1) Except as provided in paragraph (b)(2) of 
this section, an appeal must be filed no later than 30 days after the 
effective date, if any, of the action being appealed, or 30 days after 
the date of receipt of the agency's decision, whichever is later. Where 
an appellant and an agency mutually agree in writing to attempt to 
resolve their dispute through an alternative dispute resolution process 
prior to the timely filing of an appeal, however, the time limit for 
filing the appeal is extended by an additional 30 days--for a total of 
60 days. A response to an appeal must be filed within 20 days of the 
date of the Board's acknowledgment order. The time for filing a 
submission under this section is computed in accordance with 
Sec. 1201.23 of this part.
    (2) The time limit prescribed by paragraph (b)(1) for filing an 
appeal does not apply where a law or regulation establishes a different 
time limit or where there is no applicable time limit. No time limit 
applies to appeals under the Uniformed Services Employment and 
Reemployment Rights Act (Public Law 103-353), as amended; see part 1208 
of this title. See part 1208 of this title for the statutory filing time 
limits applicable to appeals under the Veterans Employment Opportunities 
Act (Public Law 105-339). See part 1209 of this title for the statutory 
filing time limits applicable to whistleblower appeals and stay 
requests.
    (c) Timeliness of appeals. If a party does not submit an appeal 
within the time set by statute, regulation, or order of a judge, it will 
be dismissed as untimely filed unless a good reason for the delay is 
shown. The judge will provide the party an opportunity to show why the 
appeal should not be dismissed as untimely.

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    (d) Method of filing. Filing must be made with the appropriate Board 
office by personal delivery, by facsimile, by mail, or by commercial 
overnight delivery.

[54 FR 53504, Dec. 29, 1989, as amended at 58 FR 36345, July 7, 1993; 59 
FR 31109, June 17, 1994; 59 FR 65235, Dec. 19, 1994; 62 FR 59992, Nov. 
6, 1997; 62 FR 66814, Dec. 22, 1997; 64 FR 27899, May 24, 1999; 64 FR 
54508, Oct. 7, 1999; 65 FR 5409, Feb. 4, 2000]