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Judicial Review

In appellate cases, the Board's final decision, whether it is an initial decision or Board decision, may be appealed to the United States Court of Appeals for the Federal Circuit or, in cases involving allegations of discrimination, to a U.S. District Court. The Director of OPM may petition the Board for reconsideration of a final decision, and may also seek judicial review of Board decisions that have substantial impact on a civil service law, rule, regulation or policy.

The Board's decisions in cases brought by the Special Counsel may be appealed to the U.S. Court of Appeals for the Federal Circuit, except in Hatch Act cases involving state or local government employees. State or local government employees affected by the Board's Hatch Act decisions may file appeals in the U.S. district courts.

The Board's decisions in other original jurisdiction cases may be appealed to the U.S. Court of Appeals for the Federal Circuit.