---
kind: "range"
citation: "5 C.F.R. §§ 1201.131–1201.136"
title: "5"
from: "1201.131"
to: "1201.136"
count: 6
url: "https://uscodex.org/cfr/5/1201.131..1201.136"
---

# §1201.131. Judge.

- (a) The Board will assign a corrective action complaint brought by the Special Counsel under this subpart to a judge, as defined at [§ 1201.4(a)](/cfr/5/1201.4.md?p=a) of this part, for hearing.
- (b) The judge will issue an initial decision on the complaint pursuant to [5 U.S.C. 557](/usc/5/557.md). The applicable provisions of §§ [1201.111](/cfr/5/1201.111.md), [1201.112](/cfr/5/1201.112.md), and [1201.113](/cfr/5/1201.113.md) of this part govern the issuance of initial decisions, the jurisdiction of the judge, and the finality of initial decisions. The initial decision will be subject to the procedures for a petition for review by the Board under [subpart C](/cfr/5/subpartC.md) of this part.

# §1201.132. Final decisions.

- (a) In any Special Counsel complaint seeking corrective action based on an allegation that a prohibited personnel practice has been committed, the judge, or the Board on petition for review, may order appropriate corrective action. [5 U.S.C. 1214(b)(4)(A)](/usc/5/1214.md?p=b-4-A).
- (b)
  - (1) Subject to the provisions of [paragraph (b)(2)](#b-2) of this section, in any case involving an alleged prohibited personnel practice described in 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 judge, or the Board on petition for review, will order appropriate corrective action if the Special Counsel demonstrates that a disclosure or protected activity described under 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) was a contributing factor in the personnel action that was taken or will be taken against the individual.
  - (2) Corrective action under [paragraph (b)(1)](#b-1) of this section may not be ordered if the agency demonstrates by clear and convincing evidence that it would have taken the same personnel action in the absence of such disclosure or protected activity. [5 U.S.C. 1214(b)(4)(B)](/usc/5/1214.md?p=b-4-B).

# §1201.133. Judicial review.


An employee, former employee, or applicant for employment who is adversely affected by a final Board decision on a corrective action complaint brought by the Special Counsel may obtain judicial review of the decision as provided by [5 U.S.C. 7703](/usc/5/7703.md).


# §1201.134. Deciding official; filing stay request; serving documents on parties.

- (a) **Request to stay personnel action.** Under [5 U.S.C. 1214(b)(1)](/usc/5/1214.md?p=b-1), the Special Counsel may seek to stay a personnel action if the Special Counsel determines that there are reasonable grounds to believe that the action was taken or will be taken as a result of a prohibited personnel practice.
- (b) **Deciding official.** Any member of the Board may delegate to an administrative law judge the authority to decide a Special Counsel request for an initial stay. The Board may delegate to a member of the Board the authority to rule on any matter related to a stay that has been granted to the Special Counsel, including a motion for extension or termination of the stay.
- (c) **Place of filing.** A Special Counsel stay request must be filed with the Clerk of the Board.
- (d) **Initial filing and service.** The Special Counsel must file a copy of the request, together with numbered and tabbed exhibits or attachments, if any, and a certificate of service listing the respondent agency 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 Special Counsel must serve a copy of the request on the agency or its representative, as shown on the certificate of service.
- (e) **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)](/cfr/5/1201.4.md?p=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.

# §1201.135. Contents of stay request.


The Special Counsel, or that official's representative, must sign each stay request, and must include the following information in the request:

- (a) The names of the parties;
- (b) The agency and officials involved;
- (c) The nature of the action to be stayed;
- (d) A concise statement of facts justifying the charge that the personnel action was or will be the result of a prohibited personnel practice; and
- (e) The laws or regulations that were violated, or that will be violated if the stay is not issued.

# §1201.136. Action on stay request.

- (a) **Initial stay.** A Special Counsel request for an initial stay of 45 days will be granted within three working days after the filing of the request, unless, under the facts and circumstances, the requested stay would not be appropriate. Unless the stay is denied within the 3-day period, it is considered granted by operation of law.
- (b) **Extension of stay.** Upon the Special Counsel's request, a stay granted under [5 U.S.C. 1214(b)(1)(A)](/usc/5/1214.md?p=b-1-A) may be extended for an appropriate period of time, but only after providing the agency with an opportunity to comment on the request. Any request for an extension of a stay under [5 U.S.C. 1214(b)(1)(B)](/usc/5/1214.md?p=b-1-B) must be received by the Board and the agency no later than 15 days before the expiration date of the stay. A brief describing the facts and any relevant legal authority that should be considered must accompany the request for extension. Any response by the agency must be received by the Board no later than 8 days before the expiration date of the stay.
- (c) **Evidence of compliance with a stay.** Within five working days from the date of a stay order or an order extending a stay, the agency ordered to stay a personnel action must file evidence setting forth facts and circumstances demonstrating compliance with the order.
- (d) **Termination of stay.** A stay may be terminated at any time, except that a stay may not be terminated:
  - (1) On the motion of an agency, or on the deciding official's own motion, without first providing notice and opportunity for oral or written comments to the Special Counsel and the individual on whose behalf the stay was ordered; or
  - (2) On the motion of the Special Counsel without first providing notice and opportunity for oral or written comments to the individual on whose behalf the stay was ordered. [5 U.S.C. 1214(b)(1)(D)](/usc/5/1214.md?p=b-1-D).
- (e) **Additional information.** At any time, where appropriate, the Special Counsel, the agency, or both may be required to appear and present further information or explanation regarding a request for a stay, to file supplemental briefs or memoranda, or to supply factual information needed to make a decision regarding a stay.