Establishing jurisdiction in appeals not covered by § 1201.56; burden and degree of proof; scope of review.

CFR · 2024-01-01 · US · Title 5

(a) (1) An individual right of action (IRA) appeal under the Whistleblower Protection Act, 5 U.S.C. 1221; (2) A request for corrective action under the Veterans Employment Opportunities Act (VEOA), 5 U.S.C. 3330a(d); (3) A request for corrective action under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4324, in which the appellant alleges discrimination or retaliation in violation of 38 U.S.C. 4311; and (4) An appeal under 5 CFR 353.304, in which an appellant alleges a failure to restore, improper restoration of, or failure to return following a leave of absence (denial of restoration appeal). (b) (c) (1) When applicable, exhaustion of a statutory complaint process that is preliminary to an appeal to the Board; (2) Timeliness of an appeal under 5 CFR 1201.22; (3) Standing to appeal, when disputed by the agency or questioned by the Board. (An appellant has “standing” when he or she falls within the class of persons who may file an appeal under the law applicable to the appeal.); and (4) The merits of an appeal, if the appeal is within the Board's jurisdiction and was timely filed. (d) (e) (f) (g) For additional information on denial of restoration appeals, the reader should consult 5 CFR part 353, subparts A and C.

official document · source cfr-2024 · id 5:§ 1201.57