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5 U.S.C. § 1508Judicial review

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 472 words · no verdicts yet

in plain englishAI-generated · not legal advice

A party harmed by a Merit Systems Protection Board determination or order may seek review in the appropriate United States district court within 30 days. The court reviews the full record, may allow additional evidence under stated conditions, and may affirm or remand the Board's action, subject to further appellate review.

A party harmed by a Merit Systems Protection Board determination or order under section 1504, 1505, or 1506 of this title may, within 30 days after the notice of the determination or order is mailed, begin review proceedings by filing a petition in the United States district court for the district where the State or local officer or employee lives. Filing the proceeding does not stay the determination or order unless (1) the court specifically orders a stay and (2) the officer or employee is suspended from the office or employment while the proceeding is pending. A copy of the petition must immediately be served on the Board. The Board must then certify and file with the court a transcript of the record on which it based the determination or order. The court must review the entire record, including factual and legal questions. If a party asks to present additional evidence and shows the court that the evidence may materially affect the result and that reasonable grounds existed for not presenting it at the Board hearing, the court may direct that the evidence be taken before the Board in the manner and under the conditions the court sets. In light of the additional evidence, the Board may change its factual findings or its determination or order. The Board must file the changed findings, determination, or order with the court. Changed factual findings are conclusive if substantial evidence supports them. The court must affirm the determination or order, including a modified determination or order, if it decides the action is lawful. If the court decides the action is unlawful, it must send the proceeding back to the Board with directions either to make the determination or order the court finds lawful or to take further steps that the court believes the law requires. The court's judgment and decree are final, but may be reviewed by the appropriate United States Court of Appeals as in other cases. The court of appeals' judgment and decree are final, but may be reviewed by the Supreme Court on certiorari or certification as section 1254 of title 28 provides. If a court holds a provision of this section invalid as applied to a party by a Board determination or order, that determination or order becomes final and effective as to that party as if the provision had never been enacted.
the actual law source: uscode.house.gov ↗public domain

A party aggrieved by a determination or order of the Merit Systems Protection Board under section 1504, 1505, or 1506 of this title may, within 30 days after the mailing of notice of the determination or order, institute proceedings for review thereof by filing a petition in the United States District Court for the district in which the State or local officer or employee resides. The institution of the proceedings does not operate as a stay of the determination or order unless—

(1)

the court specifically orders a stay; and

(2)

the officer or employee is suspended from his office or employment while the proceedings are pending.

A copy of the petition shall immediately be served on the Board, and thereupon the Board shall certify and file in the court a transcript of the record on which the determination or order was made. The court shall review the entire record including questions of fact and questions of law. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that the additional evidence may materially affect the result of the proceedings and that there were reasonable grounds for failure to adduce this evidence in the hearing before the Board, the court may direct that the additional evidence be taken before the Board in the manner and on the terms and conditions fixed by the court. The Board may modify its findings of fact or its determination or order in view of the additional evidence and shall file with the court the modified findings, determination, or order; and the modified findings of fact, if supported by substantial evidence, are conclusive. The court shall affirm the determination or order, or the modified determination or order, if the court determines that it is in accordance with law. If the court determines that the determination or order, or the modified determination or order, is not in accordance with law, the court shall remand the proceeding to the Board with directions either to make a determination or order determined by the court to be lawful or to take such further proceedings as, in the opinion of the court, the law requires. The judgment and decree of the court are final, subject to review by the appropriate United States Court of Appeals as in other cases, and the judgment and decree of the court of appeals are final, subject to review by the Supreme Court of the United States on certiorari or certification as provided by section 1254 of title 28. If a provision of this section is held to be invalid as applied to a party by a determination or order of the Board, the determination or order becomes final and effective as to that party as if the provision had not been enacted.

Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 406; Pub. L. 95–454, title IX, § 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 406
  • 1978Amended · Pub. L. 95-454 · 92 Stat. 1225

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.

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