Mspb administrative judges handbook

Prior to the hearing — or issuance of the decision if a hearing is not held — the parties will engage in discovery and the AJ will hold a conference with the parties. In other words, MSPB has tailored the process to its responsibilities under chapter 77 of title 5 and the constitutional due process requirements for the interests at stake. The AJ has wide discretion to exclude witnesses if the AJ determines their testimony would be irrelevant, immaterial, or repetitious.

Regulations and case law grant the hearing official extensive discretion in managing the case. For example, when assessing the credibility of a witness, the AJ must use the Hillen factors, so named for the case in which the Board instructed:. The U. This does not prevent the Board from correcting findings by the AJ that are incomplete, inconsistent with the weight of the evidence, or do not reflect the record as a whole.

To learn more about the process for reviewing the initial decision, see I mplementing or Challenging Initial Decisions. Department of Health and Human Services , F. An appellant may only waive his right to a hearing by clear, unequivocal, or decisive action. Further, the waiver must be an informed one. Campbell v. Department of Defense , M. If a party refuses to provide information requested in discovery, the other party may ask the AJ to compel the refuser to produce the information.

Federal Aviation Administration , F. Office of Personnel Management , 34 M. Physical objects such as a weapon or drugs will typically not be admitted into the record, and instead a description stipulated by the parties will be used.

See U. Department of the Navy , M. Environmental Protection Agency , 51 M. Department of the Treasury , M. Office of Personnel Management , 97 M. See Panter v. Department of the Air Force , 22 M. Since the Pendleton Act, Congress has attempted to assure good government by enacting laws that require or prohibit certain actions by Government agencies and employees.

Featured Publication: This report contains a series of articles, each of which addresses one aspect of the civil service system's process for the implementation of adverse personnel actions, such as suspensions, demotions, and removals. Latest News and Significant Actions. Notice Regarding U. Mail Because there may be delays in receipt of paper submissions and issuance of paper orders, notices, and decisions during this period, we strongly encourage the use of e-Appeal Online for both new and pending cases, and by all parties in order to avoid such delays.

Merit System Principles The Merit System Principles are nine basic standards governing the management of the executive branch workforce. Keys to Managing the Federal Workforce Featured Publication: This brief, user-friendly guide provides an introduction to the merit system principles with highlights from the history of the Federal civil service and includes examples of recommended actions to take or avoid.

Prohibited Personnel Practices Since the Pendleton Act, Congress has attempted to assure good government by enacting laws that require or prohibit certain actions by Government agencies and employees.

Adverse Actions: A Compilation of Articles Featured Publication: This report contains a series of articles, each of which addresses one aspect of the civil service system's process for the implementation of adverse personnel actions, such as suspensions, demotions, and removals.