[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Rules and Regulations]
[Page 5409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2338]



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  Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Rules 
and Regulations  

[[Page 5409]]



MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1201


Practices and Procedures

AGENCY:  Merit Systems Protection Board.

ACTION:  Final rule.

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SUMMARY:  The Merit Systems Protection Board (MSPB or the Board) is 
amending its rules of practice and procedure in this part to conform 
certain provisions to the new part 1208 of the Board's regulations that 
is being issued simultaneously with this amendment. The new part 1208 
describes the Board's practices and procedures with respect to appeals 
filed under the Uniformed Services Employment and Reemployment Rights 
Act of 1994, as amended, and the Veterans Employment Opportunities Act 
of 1998. This part is being amended to provide appropriate cross-
references to the new part 1208 and to remove provisions that have been 
incorporated into the new part 1208.

EFFECTIVE DATE:  February 4, 2000.

FOR FURTHER INFORMATION CONTACT:  Robert E. Taylor, Clerk of the Board, 
(202) 653-7200.

SUPPLEMENTARY INFORMATION:  The Board is publishing separately a new 
part 1208 of its rules of practice and procedure to cover appeals filed 
under the Uniformed Services Employment and Reemployment Rights Act of 
1994 (USERRA) (Public Law 103-353), as amended, and the Veterans 
Employment Opportunities Act of 1998 (VEOA) (Public Law 105-339). 
Because certain provisions regarding USERRA appeals have been included 
previously in part 1201 (interim rule at 62 FR 66813, December 22, 
1997; final rule at 64 FR 54507, October 7, 1999), certain changes are 
necessary to conform that part to the new part 1208. Part 1201 is being 
amended to provide appropriate cross-references to the new part 1208 
and to remove provisions that have been incorporated into the new part 
1208.
    The Board is publishing this rule as a final rule pursuant to 5 
U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1201

    Administrative practice and procedure, Civil rights, Government 
employees, Lawyers.

    Accordingly, the Board amends 5 CFR part 1201 as follows:

    1. The authority citation for part 1201 is revised to read as 
follows:

    Authority:  5 U.S.C. 1204 and 7701, unless otherwise noted.

    2. Section 1201.3 is amended by adding ``and'' at the end of 
paragraph (a)(20), by removing ``; and'' at the end of paragraph 
(a)(21) and adding a period in its place, by removing paragraph (a)(22) 
in its entirety, by redesignating paragraph (b) as paragraph (b)(2), 
and by adding a new paragraph (b)(1) to read as follows:


Sec. 1201.3  Appellate jurisdiction.

    (a) * * *
    (b)(1) Appeals under the Uniformed Services Employment and 
Reemployment Rights Act and the Veterans Employment Opportunities Act. 
Appeals filed under the Uniformed Services Employment and Reemployment 
Rights Act (Public Law 103-353), as amended, and the Veterans 
Employment Opportunities Act (Public Law 105-339) are governed by part 
1208 of this title. The provisions of subparts A, B, C, and F of part 
1201 apply to appeals governed by part 1208 unless other specific 
provisions are made in that part. The provisions of subpart H of this 
part regarding awards of attorney fees apply to appeals governed by 
part 1208 of this title.
    (2) * * *
* * * * *

    3. Section 1201.22 is amended by revising paragraph (b)(2) to read 
as follows:


Sec. 1201.22  Filing an appeal and responses to appeals.

    (a) * * *
    (b) Time of filing. (1) * * *
    (2) The time limit prescribed by paragraph (b)(1) for filing an 
appeal does not apply where a law or regulation establishes a different 
time limit or where there is no applicable time limit. No time limit 
applies to appeals under the Uniformed Services Employment and 
Reemployment Rights Act (Public Law 103-353), as amended; see part 1208 
of this title. See part 1208 of this title for the statutory filing 
time limits applicable to appeals under the Veterans Employment 
Opportunities Act (Public Law 105-339). See part 1209 of this title for 
the statutory filing time limits applicable to whistleblower appeals 
and stay requests.


Sec. 1201.31  [Amended]

    4. Section 1201.31 is amended by removing paragraph (e) in its 
entirety.


Sec. 1201.121  [Amended]

    5. Section 1201.121 is amended by revising the last sentence of 
paragraph (c) to read as follows: ``Such appeals are governed by part 
1208 of this title.''
    6. Section 1201.202 is amended by removing ``and'' at the end of 
paragraph (a)(6), by removing the period at the end of paragraph (a)(7) 
and adding in its place ``; and'', by adding a new paragraph (a)(8), 
and by revising paragraph (d)(1) to read as follows:


Sec. 1201.202  Authority for awards.

    (a) * * *
    (8) Attorney fees, expert witness fees, and other litigation 
expenses, as authorized by the Veterans Employment Opportunities Act; 5 
U.S.C. 3330c(b).
* * * * *
    (d)(1) A proceeding on the merits is a proceeding to decide an 
appeal of an agency action under 5 U.S.C. 1221 or 7701, an appeal under 
38 U.S.C. 4324, an appeal under 5 U.S.C. 3330a, a request to review an 
arbitration decision under 5 U.S.C. 7121(d), a Special Counsel 
complaint under 5 U.S.C. 1214 or 1215, or an agency action against an 
administrative law judge under 5 U.S.C. 7521.
* * * * *

    Dated: January 28, 2000.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 00-2338 Filed 2-3-00; 8:45 am]
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