[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR731.501]

[Page 35]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 731_SUITABILITY--Table of Contents
 
         Subpart E_Appeal to the Merit Systems Protection Board
 
Sec.  731.501  Appeal to the Merit Systems Protection Board.


    (a) Appeal to the Merit Systems Protection Board. An individual who 
has been found unsuitable for employment may appeal the determination to 
the Merit Systems Protection Board. If the Board finds that one or more 
charges are supported by a preponderance of the evidence, it shall 
affirm the determination. If the Board sustains fewer than all the 
charges, the Board shall remand the case to OPM or the agency to 
determine whether the action taken is still appropriate based on the 
sustained charge(s). This determination of whether the action taken is 
appropriate shall be final without any further appeal to the Board.
    (b) Appeal procedures. The procedures for filing an appeal with the 
Board are found at part 1201 of this chapter.