PART 1203—PROCEDURES FOR REVIEW OF RULES AND REGULATIONS OF THE OFFICE OF PERSONNEL MANAGEMENT Authority: 5 U.S.C. 1204(a), 1204(f), and 1204(h). Source: 54 FR 23632, June 2, 1989, unless otherwise noted. General § 1203.1 Scope; application of part 1201, subpart B. (a) General. (b) Application of 5 CFR part 1201, subparts B and C. (2) The following provisions of 5 CFR part 1201, subparts B and C do not apply to proceedings conducted under this part: (i) Sections 1201.21 through 1201.27 which concern petitions for appeal of agency actions, and the pleadings that are filed in connection with those petitions; and (ii) Sections 1201.111 through 1201.119 which concern final decisions of presiding officials, and petitions for Board review of those decisions. [54 FR 23632, June 2, 1989, as amended at 54 FR 28658, July 6, 1989] § 1203.2 Definitions. (a) Invalid regulation (b) Invalidly implemented regulation (c) Merit system principles (d) Pleadings (e) Prohibited personnel practices are the impermissible actions described in 5 U.S.C. 2302(b)(1) through 2302(b)(12). (f) Regulation review (g) Request for regulation review [54 FR 23632, June 2, 1989, as amended at 54 FR 28658, July 6, 1989; 77 FR 62373, Oct. 12, 2012] Procedures for Review § 1203.11 Request for regulation review. (a) An interested person or the Special Counsel may submit a request for regulation review. (b) Contents of request. (1) Each request for regulation review must include the following information: (i) The name, address, and signature of the requester's representative or, if the requester has no representative, of the requester; (ii) A citation identifying the regulation being challenged; (iii) A statement (along with any relevant documents) describing in detail the reasons why the regulation would require an employee to commit a prohibited personnel practice; or the reasons why the implementation of the regulation requires an employee to commit a prohibited personnel practice; (iv) Specific identification of the prohibited personnel practice at issue; and (v) A description of the action the requester would like the Board to take. (2) If the prohibited personnel practice at issue is one prohibited by 5 U.S.C. 2302(b)(12), the request must include the following additional information: (i) Identification of the law or regulation that allegedly would be or has been violated, and how it would be or has been violated; and (ii) Identification of the merit system principles at issue and an explanation of the way in which the law or regulation at issue implements or directly concerns those principles. [54 FR 23632, June 2, 1989, as amended at 65 FR 57939, Sept. 27, 2000] § 1203.12 Granting or denying the request for regulation review. (a) The Board, in its sole discretion, may grant or deny an interested person's request for regulation review. It will grant a request for regulation review that the Special Counsel submits. It will not, however, review a regulation before its effective date. (b) If the Board grants a request, it will review the regulation to determine whether any provision, whether on its face or as implemented by the agency, would require any employee to violate 5 U.S.C. 2302(b). [54 FR 23632, June 2, 1989, as amended at 56 FR 41749, Aug. 23, 1991; 89 FR 72966, Sept. 9, 2024] § 1203.13 Filing pleadings. (a) How to file. (b) Time limits. (2) A response to a request for regulation review, whether the response supports or opposes the request, must be filed within the time period provided in the Board order granting the request for review. (3) A reply to a response may be filed within 10 days after the response is filed. The reply may address only those matters raised in the response that were not addressed in the request for regulation review. (4) Motions may be filed at any time during the regulation review. The filing of a motion will not delay the acting of the Board unless the Board orders a postponement. The Board may rule immediately on a motion for an extension of time or a continuance if circumstances make consideration of others' views regarding the motion impracticable. (5) Submissions opposing motions must be filed within five days after the opposing party receives the motion. (c) Additional pleadings. (d) Method and date of filing. (e) Extensions of time. [54 FR 23632, June 21, 1989, as amended at 59 FR 65242, Dec. 19, 1994; 65 FR 48885, Aug. 10, 2000; 68 FR 59864, Oct. 20, 2003; 69 FR 57631, Sept. 27, 2004; 89 FR 72966, Sept. 9, 2024] § 1203.14 Serving documents. (a) Parties. (b) Method of serving documents. i.e., (c) Electronic filing. [54 FR 23632, June 21, 1989, as amended at 59 FR 65242, Dec. 19, 1994; 68 FR 59864, Oct. 20, 2003; 69 FR 57631, Sept. 27, 2004; 89 FR 72966, Sept. 9, 2024] § 1203.15 Review of regulations on the Board's own motion. The Board may, from time to time, review a regulation on its own motion under 5 U.S.C. 1204(f)(1)(A). When it does so, it will publish notice of the review in the Federal Register. [54 FR 28658, July 6, 1989] § 1203.16 Proceedings. The Board has substantial discretion in conducting a regulation review under this part. It may conduct a review on the basis of the pleadings alone, or on the basis of the pleadings along with any or all of the following: (a) Additional written comments; (b) Oral argument; (c) Evidence presented at a hearing; and/or (d) Evidence gathered through any other appropriate procedures that are conducted in accordance with law. Order of the Board § 1203.21 Final order of the Board. (a) Invalid regulation. (b) Invalidly implemented regulation. (c) Corrective action. (1) Cancellation of any personnel action related to the prohibited personnel practice; (2) Rescission of any action related to the cancelled personnel action; (3) Removal of any reference, record, or document within an employee's official personnel folder that is related to the prohibited personnel practice; (4) Award of back pay and benefits; (5) Award of attorney fees; (6) Other remedial measures to reverse the effects of a prohibited personnel practice; and (7) The agency's submission of a verified report of its compliance with the Board's order. (d) Final decision. [54 FR 23632, June 2, 1989, as amended at 89 FR 72966, Sept. 9, 2024] § 1203.22 Enforcement of order. (a) Any party may ask the Board to enforce a final order it has issued under this part. The request may be made by filing a petition for enforcement with the Office of the Clerk of the Board and by serving a copy of the petition on each party to the regulation review. The request may be filed in electronic form, provided the requirements of § 1201.14 are satisfied. The petition must include specific reasons why the petitioning party believes that there has been a failure to comply with the Board's order. (b) The Board will take all action necessary to determine whether there has been compliance with its final order. If it determines that there has been a failure to comply with the order, it will take actions necessary to obtain compliance. (c) Where appropriate, the Board may initiate the enforcement procedures described in 5 CFR 1201.183(c). [54 FR 23632, June 2, 1989, as amended at 68 FR 59864, Oct. 20, 2003; 69 FR 57631, Sept. 27, 2004]