Other Fields
Agency Scheme: 
MSPBAPPJ0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Regional Operations
Name of Hearing Office (global name): 
Merit Systems Protection Board: Office of Regional Operations
Sub-Agency/Bureau/Division:: 
Executive Director
Hearing Officer #1 (Title): 
Administrative Judge
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (Some Types of Cases)
Comments/Notes on Adjudication Structure: 

Adjudication of appeals by federal employees (or applicants) challenging covered adverse agency actions and/or prohibited personnel practices by federal agencies. Adjudications are conducted by administrative judges and arise primarily (thought not exclusively) under the Board's appellate jurisdiction. Most of the matters heard by AJs relate to adverse agency actions -- removals, suspensions of more than 14 days, reductions in grade or pay, or furloughs of 30 days or less. (See 5 CFR Part 1201, Subpts. A, B, C, E, F & H). MSPB has a regional/field office structure, so cases are heard throughout the country by AJs sitting in regional or field offices.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
5 CFR pt. 1201, subpts. A, B & D-H
Other published guidance for hearings (if any): 
MSPB Judges' Handbook (Oct. 2007) (available on agency website)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
"Full" federal-court type discovery available to parties based on methods available in the Federal Rules of Civil Procedure (e.g., interrogatories, requests for documents or inspection, depositions, requests for admission). Absent prior approval, however, interrogatories limited to 25, and depositions to not more than 10. (5 CFR 1201.71 - 1201.83)
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Video
Phone
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Appellants have a right to an oral hearing if requested if appeal timely filed and Board has jurisdiction. (5 CFR 1201.24). While MSPB's regulations do not address the use of video or telephonic hearings, both Board caselaw and practice specify that the selection of the type of hearing is subject to agency discretion. With respect to video hearings, the Board has held that "in conjunction with the broad discretion afforded [AJs] to control proceedings at which they officiate . . . [they] may hold videoconference hearings in any case[.]" Koehler v. Dept. of the Army, 99 M.S.P.R. 82, 87-88 (2005). With respect to telephonic hearings, the MSPB Judges' Handbook notes that, when facts are undisputed and sole purpose of hearings is to provide opportunity for oral argument, hearings by telephone may be appropriate. (See Handbook, ch. 10, section 6).
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
When evidentiary hearings are conducted, witness testimony is permitted. (5 CFR 1201.51 - 1201.58). Not applicable to written (document-only) hearings, and hearings for oral argument only.
If "Varies by Case," please describe: 
When evidentiary hearings are conducted, cross-examination of witnesses is permitted. (5 CFR 1201.51 - 1201.58) Not applicable to written (document-only) hearings, and hearings for oral argument only.
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Yes
Are final decisions published and/or posted on the agency website?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Initial decisions issued by MSPB administrative judges are not posted on the agency's website. However, initial decisions by AJs are published by several data/publishing services, including LEXIS and Westlaw.
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
5 CFR 1201.53(e)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
5 CFR 1201.58
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
MSPB regulations for adjudications under Part 1201 also provide for: class appeals; intervention as of right (Office of Personnel Management and Office of Special Counsel, in specified circumstances: intervention by interested parties (at discretion of hearing officer); dismissals without prejudice; consolidation of matters/issues by hearing officer for common issues of fact or law; sanction authority; prohibition of electronic devices in hearings; and, interlocutory appeal of certain matters to the Board upon certification of presiding officer. (See 5 CFR 1201.27, 1201.29, 1201.34, 1201.36, 1201.43, 1201.91)
ADJUDICATORS
Total # of Hearing Officers: 
74
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Settlement Conference
Who conducts the ADR?: 
Agency ADR Official
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations): 
5 CFR 1201.28(d)
Other published guidance on ADR process (if any):: 
"The Mediation Appeals Program" (available on agency website)
Comments/Notes on ADR Process (Optional): 
MSPB's Mediation Appeals Program (MAP) offers the services of trained and certified mediators as an alternative to the formal appeals processes set forth in the agency's regulations. Participation in MAP is free and confidential. The MAP website states that, since the program's inception in FY2005, approximately 60% of all mediated cases have settled by the conclusion of the MAP process. Surveys to MAP participants notes that 95% of such participants would use the program again.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Decided/Closed (FY2013): 
5 767
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
Verified by Agency: 
Not verified