CFR > Title 5 - Administrative Personnel > CHAPTER II—MERIT SYSTEMS PROTECTION BOARD > SUBCHAPTER A—ORGANIZATION AND PROCEDURES (parts 1200 to 1216) > PART 1201—PRACTICES AND PROCEDURES > SUBPART E—Procedures for Cases Involving Allegations of Discrimination (§1201.151 to §1201.175) > 1201.156—Time for processing appeals involving allegations of discrimination.

1201.156—Time for processing appeals involving allegations of discrimination.

(a) Issue raised in appeal. When an appellant alleges prohibited discrimination in the appeal, the judge will decide both the issue of discrimination and the appealable action within 120 days after the appeal is filed.
(b) Issue not raised in appeal. When an appellant has not alleged prohibited discrimination in the appeal, but has raised the issue later in the proceeding, the judge will decide both the issue of discrimination and the appealable action within 120 days after the issue is raised.
(c) Discrimination issue remanded to agency. When the judge remands an issue of discrimination to the agency, adjudication will be completed within 120 days after the agency completes its action and returns the case to the Board.