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The Merit Systems Protection Board issued a final rule amending its review of penalty reasonableness in federal employee misconduct cases, effective October 5, 2026.
The Merit Systems Protection Board issued a final rule amending its review of penalty reasonableness in federal employee misconduct cases, effective October 5, 2026. — via Downstream, https://downstream.sh/daily/agency/merit-systems-protection-board/#s-2026-09-03
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RuleMerit Systems Protection Board
The Merit Systems Protection Board (MSPB or Board) is issuing a final rule amending its regulations governing the Board's review of the reasonableness of an agency's chosen penalty in misconduct-based adverse actions appealed to the Board. Under the final rule, the Board will no longer require consideration of the 12 factors set forth in Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981), in every case. Instead, the Board will evaluate whether the agency's penalty is within the tolerable limits of reasonableness in light of the totality of the circumstances, determined on a case-by-case basis.
- ○Takes effect in 31 days
91 FR 56549FR Doc. 2026-18061official PDF↗federalregister.gov↗