Procedures for processing petitions for enforcement.

CFR · 2024-01-01 · US · Title 5

(a) (i) Evidence of compliance, including a narrative explanation of the calculation of back pay and other benefits, and supporting documents; (ii) Evidence as described in paragraph (a)(1)(i) of this section of the compliance actions that the party has (iii) A statement showing good cause for the failure to comply completely with the decision of the Board. (2) If the agency is the alleged noncomplying party, it shall submit the name, title, grade, and address of the agency official charged with complying with the Board's order, and inform such official in writing of the potential sanction for noncompliance as set forth in 5 U.S.C. 1204(a)(2) and (e)(2)(A), even if the agency asserts it has fully complied. The agency must advise the Board of any change to the identity or location of this official during the pendency of any compliance proceeding. In the absence of this information, the Board will presume that the highest ranking appropriate agency official who is not appointed by the President by and with the consent of the Senate is charged with compliance. (3) The judge may convene a hearing if one is necessary to resolve matters at issue. (4) If the judge finds that there has been compliance or a good faith effort to take all actions required to be in compliance with the final decision, he or she will state those findings in a decision. That decision will be subject to the procedures for petitions for review by the Board under subpart C of this part, and subject to judicial

official document · source cfr-2024 · id 5:§ 1201.183