§1201.35. Substituting parties.
5 C.F.R. § 1201.35
If an appellant dies or is otherwise unable to pursue the appeal, the processing of the appeal will only be completed upon substitution of a proper party. Substitution will not be permitted where the interests of the appellant have terminated because of the appellant's death or other disability.
The representative or proper party must file a motion for substitution within 90 days after the death or other disabling event, except for good cause shown.
In the absence of a timely substitution of a party, the processing of the appeal may continue if the interests of the proper party will not be prejudiced.
Notes, amendments, and revision history
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.