94-10137. Practices and Procedures

[Federal Register Volume 59, Number 82 (Friday, April 29, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10137]


Federal Register / Vol. 59, No. 82 / Friday, April 29, 1994 /

[[Page Unknown]]

[Federal Register: April 29, 1994]


                                                    VOL. 59, NO. 82

                                             Friday, April 29, 1994

MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1201

 

Practices and Procedures

AGENCY: Merit Systems Protection Board.

ACTION: Final rule.

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SUMMARY: The Merit Systems Protection Board is amending its practices 
and procedures to allow administrative judges to retain jurisdiction 
over cases after the issuance of an initial decision for the purpose of 
vacating the initial decision to accept a settlement agreement into the 
record. This change will allow the parties to enter into the record a 
settlement agreement reached after the issuance of the initial decision 
without filing a petition for review with the full Board.

EFFECTIVE DATE: April 29, 1994.

FOR FURTHER INFORMATION CONTACT:
Robert Taylor, [phone].

SUPPLEMENTARY INFORMATION: The amended regulation provides 
administrative judges the authority to accept settlement agreements 
into the record after the issuance of the initial decision but before 
full Board consideration. This allows the parties to enter into the 
record a settlement agreement reached after the issuance of the initial 
decision without filing a petition for review thus facilitating the 
settlement of cases. This amendment does not change the current time 
limits prescribed in 5 CFR 1201.113 for determining the finality of a 
Board decision or for filing a petition for review.
    The Board is publishing this rule as a final rule pursuant to 5 
U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1201

    Administrative practice and procedure, Government employees.

    Accordingly, the Merit Systems Protection Board amends 5 CFR part 
1201 as follows:

PART 1201--[AMENDED]

    1. The authority citation for part 1201 continues to read as 
follows:

    Authority: 5 U.S.C. 1204, and 7701 unless otherwise noted.

    2. Section 1201.112 is revised to read as follows:


1201.112  Jurisdiction of judge.

    (a) After issuing the initial decision, the judge will retain 
jurisdiction over a case only to the extent necessary to:
    (1) Correct the transcript, when one is obtained;
    (2) Rule on motions for exception to the requirement that a party 
seeking a transcript must pay for it;
    (3) Rule on a request by the appellant for attorney fees;
    (4) Process any petition for enforcement filed under subpart F of 
this part;
    (5) Vacate an initial decision before that decision becomes final 
under Sec. 1201.113 in order to accept a settlement agreement into the 
record.
    (b) Nothing is this section affects the time limits prescribed in 
Sec. 1201.113 regarding the finality of an initial decision or the time 
allowed for filing a petition for review.

    Dated: April 21, 1994.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 94-10137 Filed 4-28-94; 8:45 am]
BILLING CODE 7400-01-M