5 CFR 1210.5 – Determination of the Secretary effecting a removal or transfer; required notice of expedited procedures; initial disclosures
An agency notice of a removal or transfer pursuant to 38 U.S.C. § 713 must include the following:
Terms Used In 5 CFR 1210.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(a) A statement identifying the action taken based on the Secretary’s determination, stating the factual reasons for the charge(s), and statement setting forth the basis for the Secretary’s determination that the performance or misconduct warrants removal or transfer.
(b) Notice regarding the Board’s expedited procedures applicable to an appeal. Such notice shall include a copy of this part and access to the remainder of the Board’s adjudicatory regulations.
(c) A copy of the materials the Secretary relied upon to remove or transfer the appellant (normally referred to as the “response file”).
(d) The name and contact information of the agency’s representative for any appeal filed with the MSPB under this part.
(e) Notice that MSPB appeals must be filed with the appropriate Board regional or field office. See § 1201.4(d) of this chapter.