1 result for "5 U.S.C. § 1204"

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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.

Priority review Rule Employment & Labor

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