5 CFR 1201.134 - Deciding official; filing stay request; serving documents on parties.
Code of Federal Regulations - Title 5: Administrative Personnel (2011)
Linked as:
Text
Title 5: Administrative Personnel
CHAPTER II: MERIT SYSTEMS PROTECTION BOARD
SUBCHAPTER A: ORGANIZATION AND PROCEDURES
PART 1201: PRACTICES AND PROCEDURES
Subpart D: Procedures for Original Jurisdiction Cases
: Special Counsel Requests for Stays
1201.134 - Deciding official; filing stay request; serving documents on parties.
(a) Request to stay personnel action. Under 5 U.S.C. 1214(b)(1), the Special Counsel may seek to stay a personnel action if the Special Counsel determines that there are reasonable grounds to believe that the action was taken or will be taken as a result of a prohibited personnel practice.
(b) Deciding official. Any member of the Board may delegate to an administrative law judge the authority to decide a Special Counsel request for an initial stay. The Board may delegate to a member of the Board the authority to rule on any matter related to a stay that has been granted to the Special Counsel, including a motion for extension or termination of the stay.
(c) Place of filing. A Special Counsel stay request must be filed with the Clerk of the Board.
(d) Initial filing and service. The Special Counsel must file two copies of the request, together with numbered and tabbed exhibits or attachments, if any, and a certificate of service listing the respondent agency or the agency's representative. The certificate of service must show the last known address, telephone number, and facsimile number of the agency or its representative. The Special Counsel must serve a copy of the request on the agency or its representative, as shown on the certificate of service. The initial filing in a request for a stay may not be submitted in electronic form.
(e) Subsequent filings and service. Each party must serve on every other party or the party's representative one copy of each of its pleadings, as defined by ? 1201.4(b). A certificate of service describing how and when service was made must accompany each pleading. Each party is responsible for notifying the Board and the other parties in writing of any change in name, address, telephone number, or facsimile number of the party or the party's representative.
(f) Method of filing and service. A filing may be by mail, by facsimile, or by personal or commercial delivery to the Clerk of the Board. Service may be by mail, by facsimile, or by personal or commercial delivery to each party or the party's representative, as shown on the certificate of service.
(g) Electronic filing. All pleadings may be filed and served in electronic form at the MSPB e-Appeal site (https://e-appeal.mspb.gov/), provided the requirements of ? 1201.14 are satisfied.
[62 FR 48451, Sept. 16, 1997, as amended at 63 FR 42686, Aug. 11, 1998; 68 FR 59863, Oct. 20, 2003; 69 FR 57630, Sept. 27, 2004; 73 FR 10130, Feb. 26, 2008]
