Content of stay request and response.

CFR · 2024-01-01 · US · Title 5

(a) Only an appellant, his or her designated representative, or a party properly substituted under 5 CFR 1201.35 may file a stay request. The request may be in any format, and must contain the following: (1) The name, address, and telephone number of the appellant, and the name and address of the acting agency; (2) The name, address, and telephone number of the appellant's representative, if any; (3) The signature of the appellant or, if the appellant has a representative, of the representative; (4) A chronology of facts, including a description of the appellant's disclosure and the action that the agency has taken or intends to take; (5) Where the appellant first sought corrective action from the Special Counsel, evidence that the stay request is timely filed; (6) Evidence and/or argument showing that: (i) The action threatened, proposed, taken, or not taken is a personnel action, as defined in § 1209.4(a) of this part; (ii) The action complained of was based on whistleblowing or other protected activity as defined in § 1209.4(b) of this part; and (iii) There is a substantial likelihood that the appellant will prevail on the merits of the appeal; (7) Evidence and/or argument addressing how long the stay should remain in effect; and (8) Any documentary evidence that supports the stay request. (b) An appellant may provide evidence and/or argument addressing the question of whether a stay would impose extreme hardship on the agency. (c) (2) The agency's response must contain th

official document · source cfr-2024 · id 5:§ 1209.9