---
kind: "section"
citation: "5 C.F.R. § 1209.6"
title: "5"
number: "1209.6"
heading: "Content of appeal; right to hearing."
url: "https://uscodex.org/cfr/5/1209.6"
---

# §1209.6. Content of appeal; right to hearing.

- (a) **Content.** Only an appellant, his or her designated representative, or a party properly substituted under [5 CFR 1201.35](/cfr/5/1201.35.md) may file an appeal. Appeals may be in any format, including letter form, but must contain the following:
  - (1) The nine (9) items or types of information required in [5 CFR 1201.24 (a)(1) through (a)(9)](/cfr/5/1201.24.md?p=a-1..a-9);
  - (2) Where the appellant first sought corrective action from the Special Counsel, evidence that the appeal is timely filed;
  - (3) The name(s) and position(s) held by the employee(s) who took the action(s), and a chronology of facts concerning the action(s);
  - (4) A description of each disclosure evidencing whistleblowing or other protected activity as defined in [§ 1209.4(b)](/cfr/5/1209.4.md?p=b) of this part; and
  - (5) **Evidence or argument that—**
    - (i) The appellant was or will be subject to a personnel action as defined in [§ 1209.4(a)](/cfr/5/1209.4.md?p=a) of this part, or that the agency has threatened to take or not to take such a personnel action, together with specific indications giving rise to the appellant's apprehensions; and
    - (ii) The personnel action was or will be based wholly or in part on the whistleblowing disclosure or other protected activity, as described in [§ 1209.4(b)](/cfr/5/1209.4.md?p=b) of this part.
  - (6) An appellant who first sought corrective action from the Special Counsel may satisfy the requirements of [paragraphs (a)(3) through (a)(5)](#a-3..a-5) of this section by filing with the appeal a copy of [Part 2](/cfr/5/part2.md): Reprisal For Whistleblowing of the complaint form submitted to the Office of Special Counsel (Form OSC-11, Complaint of Possible Prohibited Personnel Practice or Other Prohibited Activity, Rev. 8/00), together with a copy of any continuation sheet with answers to [Part 2](/cfr/5/part2.md) questions filed with the Office of Special Counsel, and any supplement to [Part 2](/cfr/5/part2.md) of the original complaint filed with the Office of Special Counsel or completed by the Office of Special Counsel and furnished to the appellant.
- (b) **Right to hearing.** An appellant generally has a right to a hearing if the appeal has been timely filed and the Board has jurisdiction over the appeal.
- (c) **Timely request.** The appellant must submit any request for a hearing with the appeal, or within any other time period the judge sets for that purpose. If the appellant does not make a timely request for a hearing, the right to a hearing is waived.
- (d) **Electronic filing.** An appeal may be filed electronically by using the Board's e-Appeal site (https://e-appeal.mspb.gov) in accordance with [§ 1201.14](/cfr/5/1201.14.md) of this chapter.

## Notes

### Amendments

[55 FR 28592, July 12, 1990, as amended at 65 FR 67608, Nov. 13, 2000; 68 FR 59865, Oct. 20, 2003; 69 FR 57631, Sept. 27, 2004; 77 FR 62375, Oct. 12, 2012; 78 FR 39548, July 2, 2013]

### Authority

Authority: 5 U.S.C. 1204, 1221, 2302(b)(8) and (b)(9)(A)(i), (B), (C), or (D), and 7701.

### Source

Source: 55 FR 28592, July 12, 1990, unless otherwise noted.

### Amendments

[55 FR 28592, July 12, 1990, as amended at 65 FR 67608, Nov. 13, 2000; 68 FR 59865, Oct. 20, 2003; 69 FR 57631, Sept. 27, 2004; 77 FR 62375, Oct. 12, 2012; 78 FR 39548, July 2, 2013]