[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1201.28]

[Page 19]
 
                    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. 1201.28  Case suspension procedures.

    (a) Joint requests. The parties may submit a joint request for 
additional time to pursue discovery or settlement. Upon receipt of such 
request, an order suspending processing of the case for a period up to 
30 days may be issued at the discretion of the judge.
    (b) Unilateral requests. In lieu of participating in a joint 
request, either party may submit a unilateral request for additional 
time to pursue discovery as provided in this subpart. Unilateral 
requests for additional time of up to 30 days may be granted for good 
cause shown at the discretion of the judge.
    (c) Time for filing requests. The parties must file a joint request 
that the adjudication of the appeal be suspended within 45 days of the 
date of the acknowledgment order (or within 7 days of the appellant's 
receipt of the agency file, whichever date is later).
    (d) Untimely requests. The judge may consider requests for 
suspensions that are filed after the time limit set forth in paragraph 
(c) of this section. Such requests may be granted at the discretion of 
the judge.
    (e) Early termination of suspension period. The suspension period 
may be terminated prior to the end of the agreed upon period if the 
parties request the judge's assistance relative to discovery or 
settlement during the suspension period and the judge's involvement 
pursuant to that request is likely to be extensive.
    (f) Limitation on suspension period. No case may be suspended for 
more than a total of 30 days under the provisions of this section.

[68 FR 54651, Sept. 18, 2003]

                 Parties, Representatives, and Witnesses