---
kind: "section"
citation: "5 C.F.R. § 1201.113"
title: "5"
number: "1201.113"
heading: "Finality of decision."
url: "https://uscodex.org/cfr/5/1201.113"
---

# §1201.113. Finality of decision.


The initial decision of the judge will become the Board's final decision 35 days after issuance. Initial decisions are not precedential.

- (a) **Exceptions.** The initial decision will not become the Board's final decision if within the time limit for filing specified in 1201.114 of this part, any party files a petition for review or, if no petition for review is filed, files a request that the initial decision be vacated for the purpose of accepting a settlement agreement into the record.
- (b) **Petition for review denied.** If the Board denies all petitions for review, the initial decision will become final when the Board issues its last decision denying a petition for review.
- (c) **Petition for review granted or case reopened.** If the Board grants a petition for review or a cross petition for review, or reopens or dismisses a case, the decision of the Board is final if it disposes of the entire action.
- (d) **Extensions.** The Board may extend the time limit for filing a petition for review for good cause shown as specified in [§ 1201.114](/cfr/5/1201.114.md). If no petition for review is filed within the extended time limit, the initial decision of the judge will become the Board's final decision upon the expiration of the extended time limit.
- (e) **Exhaustion.** Administrative remedies are exhausted when a decision becomes final in accordance with this section.
- (f) When the Board, by final decision or order, finds there is reason to believe a current Federal employee may have committed a prohibited personnel practice described at 5 U.S.C. [2302(b)(8)](/usc/5/2302.md?p=b-8) or [2302(b)(9)(A)(i)](/usc/5/2302.md?p=b-9-A-i), [(B)](/usc/5/2302.md?p=b-9-A-B), [(C)](/usc/5/2302.md?p=b-9-A-C), or [(D)](/usc/5/2302.md?p=b-9-A-D), the Board will refer the matter to the Special Counsel to investigate and take appropriate action under [5 U.S.C. 1215](/usc/5/1215.md).

## Notes

### Amendments

[54 FR 53504, Dec. 29, 1989, as amended at 62 FR 59992, Nov. 6, 1997; 77 FR 62368, Oct. 12, 2012; 78 FR 39545, July 2, 2013; 89 FR 72962, Sept. 9, 2024]

### Authority

Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted.

### Source

Source: 54 FR 53504, Dec. 29, 1989, unless otherwise noted.

### Amendments

[54 FR 53504, Dec. 29, 1989, as amended at 62 FR 59992, Nov. 6, 1997; 77 FR 62368, Oct. 12, 2012; 78 FR 39545, July 2, 2013; 89 FR 72962, Sept. 9, 2024]