[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1208.24]

[Page 86-87]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
 PART 1208--PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES 
EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT 
OPPORTUNITIES 
ACT--Table of Contents
 
                         Subpart C--VEOA Appeals
 
Sec. 1208.24  Election to terminate MSPB proceeding.

    (a) Election to terminate. At any time beginning on the 121st day 
after an appellant files a VEOA appeal with the Board, if a judicially 
reviewable Board decision on the appeal has not been

[[Page 87]]

issued, the appellant may elect to terminate the Board proceeding as 
provided under 5 U.S.C. 3330b and file a civil action with an 
appropriate United States district court. Such election must be in 
writing, filed with the Board office where the appeal is being 
processed, and served on the parties. The election is effective 
immediately on the date of receipt by the Board office where the appeal 
is being processed.
    (b) Termination order. Following receipt by the Board of an 
appellant's written election to terminate the Board proceeding, a 
termination order will be issued to document the termination of the 
proceeding. The termination order will state that the proceeding was 
terminated as of the date of receipt of the appellant's written 
election. Such an order is neither an initial decision under 5 CFR 
1201.111 nor a final Board decision and is not subject to a petition for 
review in accordance with subpart C of part 1201, a petition for 
enforcement in accordance with subpart F of part 1201, or a petition for 
judicial review.