Initial decision by judge.

CFR · 2024-01-01 · US · Title 5

(a) The judge will prepare an initial decision after the record closes and will serve that decision on all parties to the appeal, including named parties, permissive intervenors, and intervenors of right. The Board satisfies its legal obligation under 5 U.S.C. 7701(b)(1) by making electronic copies of initial decisions available to the Office of Personnel Management. (b) Each initial decision will contain: (1) Findings of fact and conclusions of law upon all the material issues of fact and law presented on the record; (2) The reasons or bases for those findings and conclusions; (3) An order making final disposition of the case, including appropriate relief; (4) A statement, if the appellant is the prevailing party, as to whether interim relief is provided effective upon the date of the decision, pending the outcome of any petition for review filed by another party under subpart C of this part; (5) The date upon which the decision will become final (a date that, for purposes of this section, is 35 days after issuance); and (6) A statement of any further process available, including, as appropriate, a petition for review under § 1201.114 of this part, a petition for enforcement under § 1201.182, a motion for attorney fees under § 1201.203, a motion to initiate an addendum proceeding for consequential damages or compensatory damages under § 1201.204, and a petition for judicial review. (c) (2) An initial decision that orders interim relief shall include a section which will prov

official document · source cfr-2024 · id 5:§ 1201.111