Other Fields
Agency Scheme: 
MSPBAPPJ0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of the Board
Appeal Office (global name): 
Merit Systems Protection Board: Office of the Board
Appeal Officer #1 (Title): 
Board Members
Appeal Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Board proceedings on a party's petition for review of an initial decision regarding an adverse agency action, a prohibited personnel practice, or other matter covered under 5 CFR Part 1201, Subpart C. The Board's has discretionary authority to grant or deny petitions for review. If the Board denies all petitions for review in a matter, then the initial decision will be become a final decision.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
5 CFR Part 1201, Subpt. D
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected for appeals heard by this office?: 
By Agency
How many appeal officers preside at each hearing?: 
Three
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
No
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Other
If "Other/Varies by Case," please describe: 
The Office of the Appeals Counsel assists the Board in its appellate functions by, among other things, preparing proposed decisions for Board consideration. (5 CFR 1200.10(a)(4))
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (Some Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
When an agency's proposed removal of an employee from the Senior Executive Service is upheld by the MSPB judge, there is no right to judicial review. (See 5 USC 7703).
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
The Board issues both precedential "Opinions and Orders," and non-precedential Orders. Both are posted on the agency's website. Parties may cite non-precedential Board Orders, but they are non-binding on the Board and its administrative judges in any future appeals except when determining the preclusive effect on parties. (5 CFR 1201.117(c))
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
5 CFR 1201.114(k)
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
Verified by Agency: 
Not verified