§ 1203.21 Final order of the Board.

(a) Invalid regulation. If the Board determines that a regulation is invalid on its face, in whole or in part, it will require any agency affected by the order to stop complying with the regulation, in whole or in part. In addition, it may order other remedial action that it finds necessary. (b) Invalidly implemented regulation. If the Board determines that a regulation has been implemented invalidly, in whole or in part, it will require affected agencies to terminate the invalid implementation. (c) Corrective action. The Board may order corrective action necessary to ensure compliance with its order. The action it may order includes, but is not limited to, the following: (1) Cancellation of any personnel action related to the prohibited personnel practice; (2) Rescission of any action related to the cancelled personnel action; (3) Removal of any reference, record, or document within an employee's official personnel folder that is related to the prohibited personnel practice; (4) Award of back pay and benefits; (5) Award of attorney fees; (6) Other remedial measures to reverse the effects of a prohibited personnel practice; and (7) The agency's submission of a verified report of its compliance with the Board's order. (d) Final decision. The decision of the Board is final and judicially appealable if the Board grants the request to review and addresses the merits of the request.