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Jurisdiction
On January 28, 2015, the Merit Systems Protection Board (MSPB or the Board) published a final rule to amend is regulations governing how jurisdiction is established over Board appeals. 80 FR 4489. The final rule is effective March 30, 2015, and is applicable in any appeal filed on or after that date. **Background**
  On June 7, 2012, the Board published a proposed rule that included a proposed amendment to 5 CFR 1201.56. 77 FR 33663. At that time, 5 CFR 1201.56 provided without qualification that the Board's jurisdiction must be proved by preponderant evidence. In the proposed rule, the Board noted that 5 CFR 1201.56 is in conflict with a significant body of Board case law holding that certain jurisdictional elements may be established by making nonfrivolous allegations. The Board therefore proposed to amend this regulation to allow the use of nonfrivolous allegations to establish certain jurisdictional elements.
  
  The MSPB received numerous thoughtful comments concerning the proposed amendments to this regulation and, because many of the comments addressed matters that went well beyond the scope of the original proposed rule, the Board decided to withdraw the proposed rule and reconsider the existing regulation in light of the comments and internal discussions spurred by the comments.

Shortly after the withdrawal of the proposed amendments to 5 CFR 1201.56, the Board directed an internal MSPB working group (regulations working group) to thoroughly review 5 CFR 1201.56 and any related issues concerning the MSPB's jurisdiction. The MSPB regulations working group thereafter developed several options for the Board to consider. On November 8, 2013, the Board published a solicitation of public comments in the Federal Register seeking additional public comment on the various options developed by the MSPB regulations working group. 78 FR 67076.

On April 3, 2014, the Board published a proposed rule to amend its regulations governing how jurisdiction is established over Board appeals. 79 FR 18658. The final rule published on January 28, 2015, also responds to the 104 pages of comments we received from 19 commenters following publication of the proposed rule. 
Authorities
	
  5 U.S.C.  1204(h)Executive Order 13563, "Improving Regulation  and Regulatory Review"5 U.S.C.  553Federal Register Notices

80 FR 4489 | 5 CFR Part 1201 | Practices & Procedures | Final Rule
(1/28/2015)    
 
 
 79 FR 18658 | 5 CFR Part 1201 | Practices & Procedures | Proposed Rule
(4/3/2014)    
 
 78 FR 67076 | 5 CFR Part 1201 | Practices & Procedures | Solicitation of Public Comments
(11/8/2013)    
 
 
 77 FR 62349 5 CFR Parts 1200, 1201, 1203, et al. Practices and Procedures; Final Rule
(10/12/2012)    
 
 
 77 FR 33663 5 CFR Parts 1200, 1201, 1203, 1208, and 1209 | Practices and Procedures
(6/7/2012)    
 
	
 Press Releases
MSPB's Revised Adjudicatory Regulations Effective Today    
(11/13/2012)    
Relevant Documents
	
	Options for Revising the Board's Regulations Governing the Establishment of MSPB Jurisdiction Over an Appeal
(11/8/2013)   

	Comments
  


 
Government Accountability Project (GAP) (5-5-14) 
(5/5/2014)    



 	American Federation of Government Employees (AFGE) (5-5-14) 
(5/5/2014)    



 	BLB Consulting, Inc. (5-5-14) 
(5/5/2014)    



 
 
	Department of Homeland Security (5-5-14) 
(5/5/2014)    


	Rakhmatulla Asatov (5-5-14)
(5/5/2014)    



 	Office of Personnel Management (5-5-14)
(5/5/2014)    



 
 	Timothy Korb (5-5-14)  
(5/5/2014)    


	Phillip R. Kete (5-5-14)
(5/5/2014)    



 	Department of the Treasury (5-5-14) 
(5/5/2014)    



 	Office of Special Counsel (5-5-14)
(5/5/2014)    



 	Maryland Employment Lawyers Association (MELA) (5-2-14) 
(5/2/2014)    



 	National Employment Lawyers Association (NELA) (5-2-14) 
(5/2/2014)    



 	Department of Veterans Affairs (5-1-14)
(5/1/2014)    



 
 	William B. Wiley (5-1-14) 
(5/1/2014)    

	Passman & Kaplan, PC (4-28-14) 
(4/28/2014)    


	United States Postal Service (4-28-14)
(4/28/2014)    


 	Robert Richardson (4-23-14) 
(4/23/2014)    

	Thasha A. Boyd (4-13-14) 
(4/13/2014)    

 	Peter Broida (4-7-14) 
(4/7/2014)    



 	Jim Fox (12-10-13) 
(12/10/2013)    



 	Metropolitan Washington Employment Lawyers Association (MWELA) (12-9-13)
(12/9/2013)    



 Department of Energy (12-9-13)  
(12/9/2013)    

	Julie Glass Martin-Korb, Esq. (12-9-13) 
(12/9/2013)    

Department of Housing and Urban Development, Office of the General Counsel (12-9-13)
(12/9/2013)    

Department of Justice (12-3-13) 
(12/9/2013)    
 Office of Personnel Management (12-9-13) 
(12/9/2013)    

 Department of Homeland Security (12-9-13)  
(12/9/2013)    

 Phillip R. Kete (12-9-13) 
(12/9/2013)    

 Maryland Employment Lawyers Association (MELA) (12-9-13)  
(12/9/2013)    


Department of the Treasury (12-9-13)  
(12/9/2013)    


 Equal Employment Opportunity Commission (12-9-13) 
(12/9/2013)    

 American Federation of Government Employees (AFGE) (12-9-13)  
(12/9/2013)    

 Peter Broida (12-7-13)
(12/7/2013)    

 National Employment Lawyers Association (NELA) (12-6-13)  
(12/6/2013)    

 
 David Pardo, MSPB Watch (12-6-13)
(12/6/2013)    

 United States Patent and Trademark Office (12-6-13)  
(12/6/2013)    

 Department of Veterans Affairs (12-6-13)  
(12/6/2013)    

United States Postal Service (12-6-13)
(12/6/2013)    

Passman & Kaplan, PC (12-6-13)
(12/6/2013)    

 Office of Special Counsel (12-4-13) 
(12/4/2013)    


John & Janice Mannion (12-4-13) 
(12/4/2013)    


Janice Mannion (11-18-13)
(11/18/2013)    

 Thasha A. Boyd (11-17-13)
(11/17/2013)    

 Lorna Jerome (11-12-13)
(11/12/2013)


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