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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of November 5, 2009
TITLE 5--Administrative Personnel
CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
SUBCHAPTER A--ORGANIZATION AND PROCEDURES
PART 1201--PRACTICES AND PROCEDURES
Subpart A--JURISDICTION AND DEFINITIONS
Subpart B--PROCEDURES FOR APPELLATE CASES
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| Revocation, amendment, or waiver of rules. |
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| Appeals by Board employees. |
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| Electronic filing procedures. |
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| Filing an appeal and responses to appeals. |
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| Content of an appeal; right to hearing. |
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| Content of agency response. |
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| Number of pleadings, service, and response. |
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| Case suspension procedures. |
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| Witnesses; right to representation. |
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| Intervenors and amicus curiae. |
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| Consolidating and joining appeals. |
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| Burden and degree of proof; affirmative defenses. |
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| Exclusion of evidence and testimony. |
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| Producing prior statements. |
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| Explanation and scope of discovery. |
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| Initial disclosures and discovery procedures. |
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| Motions to quash subpoenas. |
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| Criteria for certifying interlocutory appeals. |
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| Explanation and definitions. |
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| Prohibition on ex parte communications. |
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| Placing communications in the record; sanctions. |
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| Initial decision by judge. |
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Subpart C--PETITIONS FOR REVIEW OF INITIAL DECISIONS
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| Filing petition and cross petition for review. |
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| Contents of petition for review. |
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| Appellant requests for enforcement of interim relief. |
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| Procedures for review or reopening. |
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| Board reopening of case and reconsideration of initial decision. |
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| OPM petition for reconsideration. |
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Subpart D--PROCEDURES FOR ORIGINAL JURISDICTION CASES
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| Scope of jurisdiction; application of subparts B, F, and H. |
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| Filing complaint; serving documents on parties. |
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| Rights; answer to complaint. |
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| Administrative law judge. |
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| Filing complaint; serving documents on parties. |
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| Rights; answer to complaint. |
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| Deciding official; filing stay request; serving documents on parties. |
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| Contents of stay request. |
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| Covered actions; filing complaint; serving documents on parties. |
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| Rights; answer to complaint. |
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| Judge; requirement for finding of good cause. |
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| Actions filed by administrative law judges. |
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| Right to hearing; filing complaint; serving documents on parties. |
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| Hearing procedures; referring the record. |
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| Requests for protective orders by the Special Counsel. |
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| Requests for protective orders by persons other than the Special Counsel. |
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| Enforcement of protective orders. |
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Subpart E--PROCEDURES FOR CASES INVOLVING ALLEGATIONS OF DISCRIMINATION
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| Compliance with subpart B procedures. |
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| Time for filing appeal; closing record in cases involving grievance decisions. |
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| Remand of allegations of discrimination. |
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| Time for processing appeals involving allegations of discrimination. |
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| Notice of right to judicial review. |
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| Action by the Equal Employment Opportunity Commission; judicial review. |
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| Board action on the Commission decision; judicial review. |
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| Referral of case to Special Panel. |
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| Organization of Special Panel; designation of members. |
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| Practices and procedures of Special Panel. |
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| Enforcing the Special Panel decision. |
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| Judicial review of cases decided under 5 U.S.C. 7702. |
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Subpart F--ENFORCEMENT OF FINAL DECISIONS AND ORDERS
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| Authority and explanation. |
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| Petition for enforcement. |
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| Procedures for processing petitions for enforcement. |
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Subpart G--SAVINGS PROVISIONS
Subpart H--ATTORNEY FEES (PLUS COSTS, EXPERT WITNESS FEES, AND LITIGATION EXPENSES, WHERE APPLICABLE), CONSEQUENTIAL DAMAGES, AND COMPENSATORY DAMAGES
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| Proceedings for attorney fees. |
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| Proceedings for consequential damages and compensatory damages. |
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