5 CFR 1201.115 - Criteria for granting petition or cross petition for review

Cite as5 CFR 1201.115
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995 practice notes
  • Practices and Procedures
    • United States
    • Federal Register October 12, 2012
    • October 12, 2012
    ...for Interim Relief The MSPB proposed to amend this regulation to combine the existing contents of 5 CFR 1201.116 with the provisions of 5 CFR 1201.115(b) and A commenter suggested that this regulation should be revised to provide an agency the opportunity to seek a stay of interim relief wh......
  • Practices and Procedures
    • United States
    • Federal Register June 07, 2012
    • June 7, 2012
    ...Relief The proposed modifications to this regulation will combine the existing contents of 5 CFR 1201.116 with the provisions of 5 CFR 1201.115(b) and Section 1201.117 Procedures for Review or Reopening The proposed revision to subparagraph (a)(1) reflects the significant revision to 5 CFR ......
  • Garrison v. Department of Justice, No. 95-3466
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • December 29, 1995
    ...petition. The decision whether to review an administrative judge's initial decision, however, is within the Board's discretion. See 5 C.F.R. Sec. 1201.115(d) (1995). Daryel Garrison has not shown that the Board abused its discretion in granting the government's petition and denying His othe......
  • Howard v. Henderson, No. CIV. A. 99-D-299-N.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • September 6, 2000
    ...2, 1999, the MSPB denied Plaintiff's petition because it did not meet the requirements for a reviewable petition, as set forth in 5 C.F.R. § 1201.115. The following month, on March 23, 1999, Plaintiff's attorney sent a letter to Fred Ott, Equal Employment Opportunity ("EEO") Couns......
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987 cases
  • Garrison v. Department of Justice, No. 95-3466
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • December 29, 1995
    ...petition. The decision whether to review an administrative judge's initial decision, however, is within the Board's discretion. See 5 C.F.R. Sec. 1201.115(d) (1995). Daryel Garrison has not shown that the Board abused its discretion in granting the government's petition and denying His othe......
  • Howard v. Henderson, No. CIV. A. 99-D-299-N.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • September 6, 2000
    ...2, 1999, the MSPB denied Plaintiff's petition because it did not meet the requirements for a reviewable petition, as set forth in 5 C.F.R. § 1201.115. The following month, on March 23, 1999, Plaintiff's attorney sent a letter to Fred Ott, Equal Employment Opportunity ("EEO") Counselor/Inves......
  • Bledsoe v. Merit Sys. Prot. Bd., No. 2011–3054.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • October 3, 2011
    ...Order” were liberally construed to constitute such a petition, it would not have entitled Bledsoe to reopen her appeal at the Board. 5 C.F.R. § 1201.115(d) provides in relevant part that the Board “may grant a petition for review when it is established that ... [n]ew and material evidence i......
  • Chen v. General Accounting Office, No. 86-1405
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 26, 1987
    ...a petition for review when it is established that ...," reciting a set of conditions almost identical to the old PAB regulations. 5 C.F.R. Sec. 1201.115 (1983). Then Judge, now Justice, Scalia concluded any negative implication that might ordinarily arise [from the language of the regulatio......
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