5 CFR 1209.10
§ 1209.10 Hearing and order ruling on stay request.
United States · 5 CFR — Administrative Personnel · Status: effective
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- Citation
- 5 CFR 1209.10, § 1209.10 Hearing and order ruling on stay request, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/9668
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Full text
(a) Hearing. The judge may hold a hearing on the stay request.
(b) Order ruling on stay request.
(1) The judge must rule upon the stay request within 10 days (excluding Saturdays, Sundays, and Federal holidays) after the request is received by the appropriate Board regional or field office.
(2) The judge's ruling on the stay request must set forth the factual and legal bases for the decision. The judge must decide whether there is a substantial likelihood that the appellant will prevail on the merits of the appeal, and whether the stay would result in extreme hardship to the agency.
(3) If the judge grants a stay, the order must specify the effective date and duration of the stay.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.