[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: 5CFR1210.30]

[Page 96]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1210_DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM--
 
 Subpart C_Petitions for Review of Initial Decisions and Petitions for 
                             Reconsideration
 
Sec. 1210.30  Filing petition and cross petition for review.


    (a) Who may file. Any party to the proceeding or the Director may 
file a petition for review of the decision by the adjudicating official. 
The Director may request review when he or she believes that the 
decision is erroneous and will have a substantial impact on a civil 
service law, rule, regulation or policy directive. All submissions to 
the Board must contain the signature of the party or of the party's 
designated representative. The requirements for an electronic signature 
are set forth in 5 CFR 1201.14(i).
    (b) Time for filing. Any petition for review must be filed within 30 
days after receipt of the initial decision. Absent evidence to the 
contrary, the Board presumes that a decision delivered by regular mail 
is received by the addressee 5 days after its issuance. If regular mail 
is not delivered on the fifth day following the issuance of the 
decision, the presumed date of receipt is the next date on which mail is 
delivered. A cross petition for review must be filed within 25 days of 
the date of service of the petition for review. Any response to a 
petition for review or to a cross petition for review must be filed 
within 25 days after the date of service of the petition or cross 
petition. The Board may extend the filing period for good cause shown.
    (c) Place for filing. A petition for review, cross petition for 
review, responses to those petitions, and all motions and pleadings 
associated with them must be filed with the Clerk of the Merit Systems 
Protection Board, Washington, DC 20419, by commercial or personal 
delivery, by facsimile, by mail, or by electronic filing in accordance 
with 5 CFR 1201.14.
    (d) Time for decision by the Board. MSPB must render its decision no 
later than 90 days after the close of the record before MSPB on petition 
for review as defined in 5 CFR 1201.114(i).
    (e) Effect of late decision. The Board's failure to meet the 
requirement that decisions be rendered no later than 90 days after the 
close of the record will not prejudice any party to the case and will 
not form the basis for any legal action by any party. See 5 CFR 
9701.706(l).