5 C.F.R. § 1201.143 Right to hearing; filing complaint; serving documents on parties.
Title 5 - Administrative Personnel
(a) Right to hearing. If an agency proposes to remove a career appointee from the Senior Executive Service under 5 U.S.C. 3592(a) (2) and 5 CFR 359.502, and to place that employee in another civil service position, the appointee may request an informal hearing before an official designated by the Board. Under 5 CFR 359.502, the agency proposing the removal must provide the appointee 30 days advance notice and must advise the appointee of the right to request a hearing. If the appointee files the request at least 15 days before the effective date of the proposed removal, the request will be granted. (b) Place of filing. A request for an informal hearing under paragraph (a) of this section must be filed with the Clerk of the Board. After the request has been assigned to a judge, subsequent pleadings must be filed with the Board office where the judge is located. (c) Initial filing and service. The appointee must file two copies of the request, together with numbered and tabbed exhibits or attachments, if any, and a certificate of service listing the agency proposing the appointee's removal or the agency's representative. The certificate of service must show the last known address, telephone number, and facsimile number of the agency or its representative. The appointee must serve a copy of the request on the agency or its representative, as shown on the certificate of service. The initial filing may not be submitted in electronic form. (d) Subsequent filings and service. Each party must serve on every other party or the party's representative one copy of each of its pleadings, as defined by §1201.4(b). A certificate of service describing how and when service was made must accompany each pleading. Each party is responsible for notifying the Board and the other parties in writing of any change in name, address, telephone number, or facsimile number of the party or the party's representative. (e) Method of filing and service. A filing may be by mail, by facsimile, or by personal or commercial delivery, to the office determined under paragraph (b) of this section. Service may be by mail, by facsimile, or by personal or commercial delivery to each party or the party's representative, as shown on the certificate of service. (f) Electronic filing. All pleadings, other than the complaint, may be filed and served in electronic form at the Board's e-Appeal site (https://e-appeal.mspb.gov), provided the requirements of §1201.14 are satisfied. [62 FR 48451, Sept. 16, 1997, as amended at 68 FR 59864, Oct, 20, 2003; 69 FR 57630, Sept. 27, 2004]
Title 5: Administrative Personnel
PART 1201—PRACTICES AND PROCEDURES
Subpart D—Procedures for Original Jurisdiction Cases
Removal From the Senior Executive Service
§ 1201.143 Right to hearing; filing complaint; serving documents on parties.
