[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Rules and Regulations]
[Page 61321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24864]



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  Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / 
Rules and Regulations  

[[Page 61321]]



MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1201


Practices and Procedures

AGENCY: Merit Systems Protection Board.

ACTION: Interim rule.

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SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is 
amending its practices and procedures regulations to make clear that 
the Board may, in its discretion, include discussion of issues raised 
in an appeal in a nonprecedential Final Order.

DATES: Effective date: October 5, 2010. Submit written comments on or 
before November 4, 2010.

ADDRESSES: Send comments to William D. Spencer, Clerk of the Board, 
Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 
20419; (202) 653-7200; fax: (202) 653-7130; or e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: William D. Spencer, Clerk of the 
Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, 
DC 20419; (202) 653-7200; fax: (202) 653-7130; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This amendment, adding a new paragraph (c) 
to 5 CFR 1201.117, which reflects recent changes in the Board's 
internal procedures, is intended to give the parties greater insight 
into the reasoning supporting the Board's decision in a particular case 
without requiring the Board to issue a precedential decision. The Board 
believes that including more information in its nonprecedential 
decisions will be beneficial to both appellants and agencies because 
both parties will more fully understand the Board's reasoning and have 
added assurance that the Board fully considered their arguments on 
appeal.
    This amendment to 5 CFR 1201.117 also revises paragraph (b) to make 
clear that the Board may issue a final decision and, when appropriate, 
order a date for compliance with that decision.

List of Subjects in 5 CFR Part 1201

    Administrative practice and procedure.

0
Accordingly, the Board amends 5 CFR part 1201 as follows:

PART 1201--[AMENDED]

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

0
1. Revise Sec.  1201.117 to read as follows:


Sec.  1201.117  Board action on petition for review or reopening.

    (a) In any case that is reopened or reviewed, the Board may:
    (1) Issue a decision that denies or grants a petition for review, 
modifies or supplements an initial decision, or reopens an appeal, and 
decides the case;
    (2) Hear oral arguments;
    (3) Require that briefs be filed;
    (4) Remand the appeal so that the judge may take further testimony 
or evidence or make further findings or conclusions; or
    (5) Take any other action necessary for final disposition of the 
case.
    (b) The Board may affirm, reverse, modify, supplement, or vacate 
the initial decision of a judge, in whole or in part. The Board may 
issue a final decision and, when appropriate, order a date for 
compliance with that decision.
    (c) The Board may issue a final decision in the form of a Final 
Order or an Opinion and Order. In the Board's sole discretion, a Final 
Order may, but need not, include additional discussion of the issues 
raised in the appeal. All Final Orders are nonprecedential and may not 
be cited or referred to except by a party asserting issue preclusion, 
claim preclusion, collateral estoppel, res judicata, or law of the 
case. Only an Opinion and Order is a precedential decision of the 
Board, and an Opinion and Order may be appropriately cited or referred 
to by any party.

    Dated: September 29, 2010.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2010-24864 Filed 10-4-10; 8:45 am]
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