US Merit Systems Protection Board

MSPB Issues Interim Final Rule Clarifying Discovery Rights in Enforcement Proceedings

The Merit Systems Protection Board (MSPB) issued an interim final rule amending 5 CFR Part 1201 to clarify that parties have a right to discovery in compliance and enforcement proceedings under the Board's existing discovery procedures. The rule adds new section 1201.183(a)(9), which makes clear that discovery may be undertaken in enforcement matters and establishes a deadline for initial discovery requests. The rule responds to the Federal Circuit's decision in Bernard v. Department of Agriculture, which held that MSPB's regulations did not provide a clear guarantee of discovery rights in enforcement proceedings.

MSPB Press Releases Index

The US Merit Systems Protection Board maintains a public index page for press releases and news. The index page structure shows columns for document name, title, and date, but contains no actual press release entries. This is a navigational placeholder page with no substantive regulatory content.