TITLE 5 - ADMINISTRATIVE PERSONNEL

CHAPTER II - MERIT SYSTEMS PROTECTION BOARD

SUBCHAPTER A - ORGANIZATION AND PROCEDURES

PART 1201 - PRACTICES AND PROCEDURES

subpart b - PROCEDURES FOR APPELLATE CASES

1201.113 - Finality of decision.

The initial decision of the judge will become final 35 days after issuance. Initial decisions are not precedential.

  (a) Exceptions. The initial decision will not become final if any party files a petition for review within the time limit for filing specified in 1201.114 of this part, or if the Board reopens the case on its own motion.

  (b) Petition for review denied. If the Board denies all petitions for review, the initial decision will become final when the Board issues its last decision denying a petition for review.

  (c) Petition for review granted or case reopened. If the Board grants a petition for review or a cross petition for review, or reopens or dismisses a case, the decision of the Board is final if it disposes of the entire action.

  (d) Extensions. The Board may extend the time limit for filing a petition for good cause shown as specified in 1201.114 of this part.

  (e) Exhaustion. Administrative remedies are exhausted when a decision becomes final in accordance with this section.

[54 FR 53504, Dec. 29, 1989, as amended at 62 FR 59992, Nov. 6, 1997]