Appeals Process

The Personnel Regulations provide an opportunity for Merit System employees and applicants to file written appeals with the Merit System Protection Board.

Before you file an appeal you may wish to check the requirements for the different types of appeals:

The easiest way to file an appeal is by using the online Appeal Form . The Appeal Form allows the electronic attachment of any documents required for the appeal. Once the written appeal and any required information is received, the appeal is processed in one of two ways.

First, if the appeal involves a suspension, demotion, involuntary resignation, termination, or dismissal, a pre-hearing is scheduled. Upon completion of the pre-hearing, a formal hearing date is set by the Board in consultation with all parties. After the hearing, the Board prepares and issues a written decision.

The second method for processing appeals requires the development of a written record. Upon receipt of the notice of appeal and supplemental information, the County is notified and has 30 calendar days to respond. The Board then provides the Appellant an additional fifteen workdays to respond to or comment on the County's submission. The case is then placed on the Board's agenda. A copy of all documentation is provided to each Board member and the Board discusses the case at the next work session. If the Board is satisfied that the written record is complete, a decision is made on the basis of the record. If the Board believes additional information or clarification is needed, it either requests the information in writing or schedules a meeting for the purpose of receiving oral testimony. If a hearing is granted, all parties are given at least thirty days notice.

The MSPB’s office hours are Monday - Thursday, 9:30 a.m. - 3:00 p.m. Appeals filed outside of those hours will be considered officially filed the next MSPB business day.

The Board requires all parties to comply with its Hearing Procedures and Remote Hearing Procedures .