§ 1201.204 - Proceedings for consequential, liquidated, or compensatory damages.

§ 1201.204 Proceedings for consequential, liquidated, or compensatory damages.

Cross Reference

Link to an amendment published at 89 FR 72965, Sept. 9, 2024.

(d)

(a) Time for making request.

(1) A request for consequential, liquidated, or compensatory damages must be made during the proceeding on the merits, no later than the end of the conference(s) held to define the issues in the case.

(2) The judge or the Board, as applicable, may waive the time limit for making a request for consequential, liquidated, or compensatory damages for good cause shown. The time limit will not be waived if a party shows that such waiver would result in undue prejudice.

(b) Form and content of request. A request for consequential, liquidated, or compensatory damages must be made in writing and must state the amount of damages sought and the reasons why the appellant or respondent believes he or she is entitled to an award under the applicable statutory standard.

(c) Service. A copy of a request for consequential, liquidated, or compensatory damages must be served on the other parties or their representatives when the request is made.

A party may file a pleading responding to the request within the time limit established by the judge or the Board, as applicable.

Addendum proceeding.

(1) A request for consequential, liquidated, or compensatory damages will be decided in an addendum proceeding.

(2) A judge may

waive the requirement of paragraph (d)(1)

, either on

his or her

their own motion or on the motion of a party,

and

consider a request for damages in a proceeding on the merits

where

when the judge determines that such action is in the interest of the parties and will promote efficiency and economy in adjudication.

(

e

b)Initiation of addendum proceeding

.

—

(1)

A motion for initiation of an addendum proceeding to decide a request

Time for making request. A request for consequential, liquidated, or compensatory damages must be filed as soon as possible after a final decision of the Board on the merits of an appeal but no later than 60 days after the date on which

a

such decision becomes final.

Where the

The judge or the Board, as applicable, may waive the time limit for making such request for good cause shown, and upon a finding that a waiver would not result in undue prejudice to the opposing party.

(2) Place of filing. When the initial decision in the

proceeding

proceedings on the merits was issued by a judge in

a

an MSPB regional or field office, the

motion

request must be filed with the applicable regional or field office

that issued

. When the initial decision

. Where the decision

in the

proceeding

proceedings on the merits was

an initial decision

issued by a judge at the Board's headquarters or

where

when the only decision was a final decision issued by the Board itself, the

motion

request must be filed with the Clerk of the Board.

(

2) A copy of a motion for initiation of an addendum proceeding to decide a request

3) Form and content of request. A request for consequential, liquidated, or compensatory damages must be made in writing and state the basis for entitlement to an award of such damages, and the amount of damages sought.

(4) Service. A copy of the request must be served on the other parties or their representatives at the time of

filing

the request. A party may

file a pleading responding

respond to the

motion

request within the time limit established by the judge or the Board, as applicable.

(

f

5) Hearing; applicability of subpart B. The judge may

hold

grant the appellant's request for a hearing on a request for consequential, liquidated, or compensatory damages and may apply appropriate provisions of subpart B of this part to the addendum proceeding.

(

g

6) Initial decision; review by the Board. The judge will issue an initial decision in the addendum proceeding,

which shall

adjudicating the request for damages. The initial decision shall then be subject to the provisions for a petition for review by the Board under subpart C of this part.

(

h

7)Request for damages

first

made in proceeding before the Board. Where a request for

consequential, liquidated, or compensatory

damages is

first

made

on petition for review of a judge's initial decision on the merits and the Board waives the time limit for making the request

in

accordance with paragraph (

a

)(2) of this section, or where the request is made in a case where the only MSPB proceeding is

case which originates before the Board,

including, for compensatory damages only, a request to review an arbitration decision under 5 U.S.C. 7121(d),

the Board may:

(

1

i) Consider both the merits of the case and the request for damages and issue a final decision; or

(

2

ii) Remand the case to

the

a judge for a new initial decision, either on the request for damages only or on both the merits and the request for damages

; or

(3) Where there has been no prior proceeding before a judge, forward the request for damages to a judge for hearing and a recommendation to the Board, after which the Board will issue a final decision on both the merits and the request for damages.

(i

.

(8) EEOC review of decision on compensatory damages. A final decision of the Board on a request for compensatory damages pursuant to the Civil Rights Act of 1991 shall be subject to review by the Equal Employment Opportunity Commission as provided under subpart E of this part.

[63 89 FR 4117972965, AugSept. 3, 1998, as amended at 77 FR 62373, Oct. 12, 20129, 2024]