5 CFR 1210.1 – Authority to issue decisions under this part
(a) Under 38 U.S.C. § 713(d)(2)(A), as created by the Veterans Access, Choice and Accountability Act of 2014 (the Act), an employee covered by this part may appeal a removal from the civil service or a transfer to a General Schedule position based upon performance or misconduct to the MSPB.
Terms Used In 5 CFR 1210.1
- 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.
(b) MSPB administrative judges have the authority to issue a decision in an appeal covered by this part. (38 U.S.C. § 713(e)(1)).
(c) The administrative judge’s authority under this part to issue a decision terminates following the passage of 21 days after the appeal is initially filed. (38 U.S.C. § 713(e)(3)).
(d) An administrative judge’s decision in an appeal filed under this part is not subject to any further appeal. (38 U.S.C. § 713(e)(2)).
(e) This part applies only to the Secretary’s authority to remove or transfer an employee covered under 38 U.S.C. § 713 and the Board’s authority to review such decisions. This authority is in addition to the authority already provided the agency in 5 U.S.C. § 3592 and the authority provided the Board under 5 U.S.C. § 7541, et seq. to take an adverse action against an employee. (38 U.S.C. § 713(f)).