---
kind: "section"
citation: "5 C.F.R. § 1210.1"
title: "5"
number: "1210.1"
heading: "Authority to issue decisions under this part."
url: "https://uscodex.org/cfr/5/1210.1"
---

# §1210.1. Authority to issue decisions under this part.

- (a) Under [38 U.S.C. 713(d)(2)(A)](/usc/38/713.md?p=d-2-A), as created by the Veterans Access, Choice and Accountability Act of 2014 (the Act), an employee covered by this part may appeal a removal from the civil service or a transfer to a General Schedule position based upon performance or misconduct to the MSPB.
- (b) **MSPB administrative judges have the authority to issue a decision in an appeal covered by this part.** ([38 U.S.C. 713(e)(1)](/usc/38/713.md?p=e-1)).
- (c) The administrative judge's authority under this part to issue a decision terminates following the passage of 21 days after the appeal is initially filed. ([38 U.S.C. 713(e)(3)](/usc/38/713.md?p=e-3)).
- (d) An administrative judge's decision in an appeal filed under this part is not subject to any further appeal. ([38 U.S.C. 713(e)(2)](/usc/38/713.md?p=e-2)).
- (e) This part applies only to the Secretary's authority to remove or transfer an employee covered under [38 U.S.C. 713](/usc/38/713.md) and the Board's authority to review such decisions. This authority is in addition to the authority already provided the agency in [5 U.S.C. 3592](/usc/5/3592.md) and the authority provided the Board under [5 U.S.C. 7541](/usc/5/7541.md), et seq. to take an adverse action against an employee. ([38 U.S.C. 713(f)](/usc/38/713.md?p=f)).

## Notes

### Authority

Authority: 5 U.S.C. 1204 and 7701, and 38 U.S.C. 713.

### Source

Source: 79 FR 48943, Aug. 19, 2014, unless otherwise noted.