[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: 5CFR1208.24]

[Page 84-85]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1208_PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES 
 
                         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 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, signed, 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. The election may 
be filed by electronic filing, provided the requirements of Sec. 
1201.14 of this chapter are satisfied.
    (b) Termination order. Following receipt by the Board of an 
appellant's written election to terminate the

[[Page 85]]

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.

[65 FR 5412, Feb. 4, 2000, as amended at 68 FR 59865, Oct. 20, 2003; 69 
FR 57631, Sept. 27, 2004]