MSPB and the Appellate Process

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Part 2 of 2…

After the administrative judge and both parties have satisfied all of the qualifying pleadings, the administrative judge will typically hold status hearings (prehearing conferences) to narrow down specifically the issues to be decided by the MSPB while encouraging both parties to settle their dispute, if possible.

If no such settlement can be reached, the administrative judge will proceed one of two ways. The first possibility is to have a formal hearing and issue a decision based upon the evidence presented at the hearing, or, close the record and make a decision based upon the information contained in the submitted documents.

The initial decision (the administrative judge’s decision) must: identify all issues of fact and law; include a summary of the evidence submitted by both parties; and articulate the conclusion with relevant legal authority that was used to make the decision.

Whatever the administrative judge decides, either party can then petition for review by the Clerk of the Board. The Clerk of the Board is a panel of three members who will hear the case and issue a final decision. However, the losing party of the decision by the administrative judge can elect to forgo the petition for review by the Clerk of the Board and petition the United States Court of Appeals for the Federal Circuit.

These concepts and proceedings are complicated and can be overwhelming if you do not have experience in these areas. We suggest talking to a professional who has a proven track record with the MSPB. Contact our office for a free consultation to discuss your claim in detail. We are here to help!

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