---
kind: "section"
citation: "22 C.F.R. § 904.2"
title: "22"
number: "904.2"
heading: "Preliminary determinations."
url: "https://uscodex.org/cfr/22/904.2"
---

# §904.2. Preliminary determinations.

- (a) If an Agency, in its final review, has questioned whether a complaint constitutes a grievance, the Board will make a preliminary determination of its jurisdiction unless the Board concludes that resolution of the question of jurisdiction should be deferred until the Board has compiled a record of proceedings or held a hearing on the merits of the case.
- (b) The Board may also make a preliminary determination on any question raised by a Party concerning the timeliness of a grievance, the election of other remedies under [§ 904.3](/cfr/22/904.3.md), or any other issue whose resolution might avoid the necessity of further proceedings.
- (c) Before making a preliminary determination under this section, the Board shall obtain the views of the other parties and transmit those views to all parties.
- (d) Where an issue presented for preliminary determination under this section is contested by a party or would result in the termination of a case, a panel of three members of the Board shall decide the issue.

## Notes

### Amendments

[50 FR 31355, Aug. 2, 1985, as amended at 56 FR 55459, Oct. 28, 1991]

### Authority

Authority: Secs. 1101, 1104, 1108, and 1109 of the Foreign Service Act of 1980, Pub. L. 96-465 (22 U.S.C. 4131, 4134, 4138, and 4139), as amended.

### Amendments

[50 FR 31355, Aug. 2, 1985, as amended at 56 FR 55459, Oct. 28, 1991]