5 CFR Part 755 — Appeal Procedures for Recoupment of Awards, Bonuses, or Relocation Expenses Awarded or Approved for All Employees of the Department of Veterans Affairs (VA)

PART 755—APPEAL PROCEDURES FOR RECOUPMENT OF AWARDS, BONUSES, OR RELOCATION EXPENSES AWARDED OR APPROVED FOR ALL EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) Authority: 5 U.S.C. 1103; 38 U.S.C. 721 and 723. Source: 90 FR 3608, Jan. 15, 2025, unless otherwise noted. Subpart A—Awards and Bonuses § 755.101 Scope of subpart and definitions. (a) Employees covered. (b) Appeals covered. (c) Appeals not covered. (d) Business days. e.g., § 755.102 Procedures for submitting appeals. (a) Filing an appeal and time limits. employeeaccountability@opm.gov, (b) Content of appeals. (1) A copy of the notice of proposed order received pursuant to 38 U.S.C. 721(a)(2)(A); (2) A copy of the employee's response to the proposed order, if any; (3) A copy of the order received pursuant to 38 U.S.C. 721(a)(3); (4) A copy of any grievance filed by the employee under a negotiated grievance procedure pursuant to 5 U.S.C. 7121 seeking to reverse a recoupment order; (5) A statement explaining why the employee believes the order received pursuant to 38 U.S.C. 721(a)(3) is in error and whether the employee filed a grievance under a negotiated grievance procedure pursuant to 5 U.S.C. 7121 seeking to reverse a recoupment order; (6) The name, mailing address, telephone number, and email address of the employee and their representative (if applicable); and (7) The name, mailing address, telephone number, and email address of the VA official who issued the order pursuant to 38 U.S.C. 721(a)(3). (c) VA submission of evidence file. (d) Employee representative. (e) Election under a negotiated grievance procedure. [90 FR 3608, Jan. 15, 2025, as amended at 90 FR 35233, July 25, 2025] § 755.103 Basis of appeal decision. The burden is upon the employee to establish the timeliness of the appeal and to explain why the VA's order is in error. OPM's decision is based upon the written record only, which will include the submissions by the employee and the agency. OPM will accept the facts found by the VA regarding the disciplinary or adverse action, or performance-based action, or other type of finding or action, if any, which was relied upon by the VA in making its recoupment decision. OPM may uphold the VA order if the employee or their designated representative fails to provide requested information. OPM's review of the VA order is limited to whether the procedures in VA's policies on recoupment of awards and bonuses pursuant to 38 U.S.C. 721 were followed. In the absence of such policies, OPM's review is limited to compliance with 38 U.S.C. 721. § 755.104 Form of appeal decision. Within 30 business days after receiving an appeal, OPM will make a decision on the employee's appeal. OPM will then send a written appeal decision to the employee or their representative advising whether the VA order is upheld by OPM. OPM will send the VA a copy of the appeal decision. § 755.105 Finality of appeal decision. Pursuant to 38 U.S.C. 721(b)(2), the OPM appeal decision is final; no further administrative review is available within OPM. Subpart B—Relocation Expenses § 755.201 Scope of subpart and definitions. (a) Employees covered. (b) Appeals covered. (c) Appeals not covered. (d) Business days. e.g., § 755.202 Procedures for submitting appeals. (a) Filing an appeal and time limits. employeeaccountability@opm.gov, (b) Content of appeals. (1) A copy of the notice of proposed order received pursuant to 38 U.S.C. 723(a)(2)(A); (2) A copy of the employee's response to the proposed order, if any; (3) A copy of the order received pursuant to 38 U.S.C. 723(a)(3); (4) A copy of any grievance filed by the employee under a negotiated grievance procedure pursuant to 5 U.S.C. 7121 seeking to reverse a recoupment order; (5) A statement explaining why the employee believes the order received pursuant to 38 U.S.C. 723(a)(3) is in error and whether the employee filed a grievance under a negotiated grievance procedure pursuant to 5 U.S.C. 7121 seeking to reverse a recoupment order; (6) The name, mailing address, telephone number, and email address of the employee and their representative (if applicable); and (7) The name, mailing address, telephone number, and email address of the VA official who issued the order pursuant to 38 U.S.C. 723(a)(3). (c) VA submission of evidence file. (c) VA submission of evidence file. (d) Employee representative. (e) Election under a negotiated grievance procedure. [90 FR 3608, Jan. 15, 2025, as amended at 90 FR 35233, July 25, 2025] § 755.203 Basis of appeal decision. The burden is upon the employee to establish the timeliness of the appeal and to explain why the VA's order is in error. OPM's decision is based upon the written record only, which will include the submissions by the employee and the agency. OPM will accept the facts found by the VA regarding the disciplinary or adverse action, performance-based action, or other type of finding or action, if any, which was relied upon by the VA in making its recoupment decision. OPM may uphold the VA order if the employee or their designated representative fails to provide requested information. OPM's review of the VA order is limited to whether the procedures in VA's policies on recoupment of relocation expenses pursuant to 38 U.S.C. 723 were followed. In the absence of such policies, OPM's review is limited to compliance with 38 U.S.C. 723. § 755.204 Form of appeal decision. Within 30 business days after receiving an appeal, OPM will make a decision on the employee's appeal. OPM will then send a written appeal decision to the employee or their representative advising whether the VA order is upheld by OPM. OPM will send the agency a copy of the appeal decision. § 755.205 Finality of appeal decision. Pursuant to 38 U.S.C. 723(b)(2), the OPM appeal decision is final; no further administrative review is available within OPM.

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