---
kind: "section"
citation: "5 C.F.R. § 1201.35"
title: "5"
number: "1201.35"
heading: "Substituting parties."
url: "https://uscodex.org/cfr/5/1201.35"
---

# §1201.35. Substituting parties.

- (a) 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.
- (b) 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.
- (c) 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

### 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.