5 CFR 1201.162
§ 1201.162 Board action on the Commission decision; judicial review.
United States · 5 CFR — Administrative Personnel · Status: effective
Cite this
- Citation
- 5 CFR 1201.162, § 1201.162 Board action on the Commission decision; judicial review, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/9532
- Permanent ID
ys:prov:9532@1- SHA-256
207392ff3cccfaa1f9ad480f0fb58fe3b8f108f52ff006fd91fa6f98ece4b162
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Full text
(a) Board decision. Within 30 days after receipt of a decision of the Commission issued under 1201.161(c)(2), the Board shall consider the decision and:
(1) Concur and adopt in whole the decision of the Commission; or
(2) To the extent that the Board finds that, as a matter of law:
(i) The Commission decision is based on an incorrect interpretation of any provision of any civil service law, rule, regulation, or policy directive, or
(ii) The evidence in the record as a whole does not support the Commission decision involving that provision, it may reaffirm the decision of the Board. In doing so, it may make revisions in the decision that it determines are appropriate.
(b) Judicial review. If the Board concurs in or adopts the decision of the Commission under paragraph (a)(1) of this section, the decision of the Board is a judicially reviewable action.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.