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Regulatory Review Initiative

Initial Review

The U.S. Merit Systems Protection Board (MSPB) completed a substantial revision to its adjudicatory regulations with the publication of a Final Rule in the Federal Register on October 12, 2012 (77 FR 62349). The Final Rule affects 5 C.F.R. Parts 1200, 1201, 1203, 1208, and 1209. The revisions follow a notice-and-comment rulemaking via the Federal Register, as required by the Administrative Procedure Act, 5 U.S.C. 553. The Final Rule became effective on November 13, 2012. The revisions follow an unprecedented review and the first significant reconsideration of MSPB's regulations since the agency's establishment in 1979.

This initiative began in January 2011 and included suggestions for revisions from MSPB staff, an internal MSPB working group's in-depth review of the regulations, and input on their recommendations and the Notice of Proposed Rulemaking from a wide range of stakeholder agencies, organizations, and individuals.

Chairman Grundmann stated, "Today marks a milestone in MSPB's history as our revised adjudicatory regulations become effective. We have been working hard, both internally and with our external stakeholders, for two years to get to this day. We remain committed to reviewing our jurisdictional regulations in a follow-up rulemaking this fiscal year, and we renew our pledge to monitor and report on the impact of the changes taking effect today."

The MSPB is conducting outreach on the changes to our regulations for interested agencies and organizations. If you would like MSPB staff to provide an overview of the changes for your group, please contact the Office of the Clerk of the Board by email at mspb@mspb.gov. The following outreach activities are planned, and we will update the list as new sessions are added.

Society of Federal Labor & Employee Relations Professionals (SFLERP) - October 16, 2012

Federal Employment Lawyers Group (FELG) - November 14, 2012

Metropolitan Washington Employment Lawyers Association (MWELA) - November 19, 2012

Office of Special Counsel (OSC) - January 15, 2013

Center for Medicare & Medicaid Services, Department of Health & Human Services (HHS) - January 16, 2013

Federal Employment Law Training Group - February 14, 2013

Colorado Federal Executive Board (CFEB) - February 22, 2013

Federal Sector Labor and Employment Committee to the Labor and Employment Law Section of the American Bar Association - April 11, 2013

Authorities

5 U.S.C. § 1204(h)
Executive Order 13563, "Improving Regulation and Regulatory Review"
5 U.S.C. § 553

Federal Register Notices

78 FR 23457 | 5 CFR Parts 1201 & 1208 | Practices & Procedures | Final Rule (4/19/2013)
77 FR 62349 5 CFR Parts 1200, 1201, 1203, et al. Practices and Procedures; Final Rule (10/12/2012)
77 FR 33663 5 CFR Parts 1200, 1201, 1203, 1208, and 1209 | Practices and Procedures (6/7/2012)

Press Releases

MSPB's Revised Adjudicatory Regulations Effective Today (11/13/2012)
MSPB Revises Its Adjudicatory Regulations (10/12/2012)
MSPB Revising its Adjudicatory Regulations (5/7/2012)

Relevant Documents

Congressional Briefing on Changes to the Final Rule (10/15/2012)
Side-by-Side Changes to MSPB Regulations Contained in the Notice of Final Rulemaking (10/12/2012)
Summary of Significant Changes in Notice of Final Rulemaking (10/12/2012)
Transcript of Stakeholders Meeting on March 6, 2012 (3/6/2012)
Example of Letters to Stakeholders for Meeting on March 6, 2012 (2/2/2012)
Compendium of Stakeholder Comments (12/2/2011)
Example of Letters Sent to Stakeholders for Input (with list of stakeholders) (10/19/2011)
Draft of Possible Changes to MSPB Adjudicatory Regulations (10/17/2011)

Comments

United States Forest Service (7-24-12) (7/24/2012)
Department of the Interior, Office of the Solicitor (7-23-12) (7/23/2012)
Department of Homeland Security (7-23-12) (7/23/2012)
Government Accountability Project (GAP) (7-23-12) (7/23/2012)
Department of Agriculture (7-23-12) (7/23/2012)
Pension Benefit Guaranty Corporation (PBGC) (7-23-12) (7/23/2012)
American Federation of Government Employees, Local 1923 (7-23-12) (7/23/2012)
Office of Special Counsel (7-23-12) (7/23/2012)
American Federation of Government Employees (7-23-12) (7/23/2012)
Social Security Administration (7-23-12) (7/23/2012)
Department of Transportation (7-23-12) (7/23/2012)
Office of Personnel Management (7-23-12) (7/23/2012)
Robert J. McCarthy (7-23-12) (7/23/2012)
Department of Veterans Affairs (7-23-12) (7/23/2012)
United States Postal Service (7-23-12) (7/23/2012)
United States Patent and Trademark Office (7-23-12) (7/23/2012)
National Aeronautics and Space Administration (NASA) (7-20-12) (7/20/2012)
Treasury Inspector General for Tax Administration (TIGTA) (7-20-12) (7/20/2012)
Passman & Kaplan, PC (7-19-12) (7/19/2012)
National Employment Lawyers Association (NELA) (7-19-12) (7/19/2012)
Stephen Mish (7-17-12) (7/17/2012)
Robin Dunlap (7-17-12) (7/17/2012)
Maryland Employment Lawyers Association (MELA) (7-11-12) (7/11/2012)
Peter Broida (6-15-12) (6/15/2012)
David Pardo, MSPB Watch (6-14-12) (6/14/2012)