Regulatory Review Initiative


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. 

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. 

    5 U.S.C. 1204(h)
    Executive Order 13563, "Improving Regulation
    and Regulatory Review"
    5 U.S.C. 553