Merit 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.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Merit Systems Protection Board 5 CFR Part 1201 [Docket ID: OPM-2025-0012] RIN 3124-AA35 ( printed page 56549) AGENCY: Merit Systems Protection Board. ACTION: Final rule. SUMMARY: 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. DATES: Effective date: This rule is effective October 5, 2026. Applicability date: The amendments made by this rule apply to appeals filed with the Board on or after October 5, 2026. Appeals pending before the Board on the effective date will be adjudicated under the framework in effect when they were filed. FOR FURTHER INFORMATION CONTACT: Gina K. Grippando, Clerk of the Board, by email at mspb@mspb.gov or by telephone at (202) 653-7200. SUPPLEMENTARY INFORMATION: I. Overview and Scope of This Final Rule On July 2, 2026, the Office of Personnel Management (OPM) and the Merit Systems Protection Board (MSPB or Board) published a joint notice of proposed rulemaking, Promoting Employee Accountability, 91 FR…
Citation: 91 FR 56549
