5 CFR 1208.16
§ 1208.16 Appeals under another law, rule, or regulation.
United States · 5 CFR — Administrative Personnel · Status: effective
Cite this
- Citation
- 5 CFR 1208.16, § 1208.16 Appeals under another law, rule, or regulation, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/9647
- Permanent ID
ys:prov:9647@1- SHA-256
f8e55a5f24fd502cf1033decbdc1c943aac6a51e392ae0c742107f5c151542ac
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Full text
Nothing in USERRA prevents an appellant who may appeal an agency action to the Board under any other law, rule, or regulation from raising a claim of a USERRA violation in that appeal. The Board will treat such a claim as an affirmative defense that the agency action was not in accordance with law (5 CFR 1201.56(b)(3)).
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.