Suitability Action Appeals
Published Date: 2/6/2026
Proposed Rule
Summary
The Office of Personnel Management wants to make it easier and faster for people to appeal decisions about their job suitability. This change affects federal employees and job applicants by streamlining the review process to keep things fair and efficient. If you want to share your thoughts, make sure to comment by March 9, 2026!
Analyzed Economic Effects
8 provisions identified: 2 benefits, 4 costs, 2 mixed.
MSPB Appeals Removed; OPM Is Sole Forum
If you are an applicant, appointee, or employee in the competitive service or a career Senior Executive Service (SES) position, you will no longer be able to appeal suitability actions to the Merit Systems Protection Board (MSPB). Instead, appeals of suitability actions would be made only to the Office of Personnel Management (OPM) under a newly proposed OPM appeals process.
OPM Decision Is Final; Limited Further Review
OPM's initial decision becomes final if neither party requests reopening and reconsideration within 30 calendar days. There would be no further administrative review or appeal from OPM's final decision; the OPM Director may, however, reopen and reconsider a decision sua sponte before it becomes final.
30-Day E‑Filing Deadline for Appeals
Under the proposal you must file an appeal using OPM's electronic filing system within 30 calendar days of the effective date of the suitability action. OPM will not review untimely filings unless you demonstrate good cause, and the appellant bears the burden to prove timeliness and OPM jurisdiction.
Monetary Relief for Prevailing Appellants
When you prevail on an OPM appeal, OPM proposes providing relief including any back pay, interest, and reasonable attorney fees consistent with 5 CFR part 550 subpart H. However, back pay, interest, and attorney fees are not payable until the decision is final under Sec. 731.509.
Standard of Review; Hearings for Material-Fact Disputes
OPM will review appeals on the written record and will affirm an agency decision if supported by a preponderance of the evidence. If the written record is insufficient because of disputes over material facts, OPM may hold a hearing to evaluate witness credibility, conduct an additional investigation, or reverse or vacate the agency decision.
May Increase Agency Use of Suitability Actions
OPM states that eliminating MSPB appeals and providing a faster, internal appeal process may increase agencies' likelihood of pursuing suitability actions when warranted to protect the integrity and efficiency of the service.
New Cease‑and‑Desist Powers and Sanctions
OPM would be able to issue cease-and-desist directives to stop harassing communications and impose penalties for noncompliance, including drawing inferences against the noncompliant party, prohibiting evidence, or eliminating consideration of filings.
Limits on Using Agency Employees as Representatives
You may represent yourself or designate a representative, but if your representative is a Federal employee they may not represent you while in a duty status or claim agency reimbursement. OPM may disallow a representative who is an agency or OPM employee for conflict-of-interest, inability to be released from duty, or unreasonable government cost.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-19222, Employment in the Excepted Service
The Office of Personnel Management is updating rules for excepted service jobs, including special hiring paths and administrative law judge appointments. These changes make hiring clearer and fairer, keep veterans’ rights safe, and modernize how some jobs convert to career positions. If you work in or apply for these jobs, check out the new rules and share your thoughts by November 17, 2026!
2026-18828, Shared Certificates and Pooled Hiring Actions
Starting October 15, 2026, federal agencies can team up better when hiring by sharing job candidate lists, making the process faster and smoother. This change helps agency leaders work together using shared certificates for both competitive and excepted service jobs. If you’re involved in federal hiring, get ready for easier collaboration and send your feedback by November 16, 2026!
2026-18800, Reduction in Force; Correction
The Office of Personnel Management fixed a mistake in a recent rule about job cuts and career help for federal workers. They accidentally removed important details about who counts as 'displaced' when facing job loss. This correction, effective September 15, 2026, puts those details back so employees know when they qualify for special support during layoffs.
2026-16687, Differential Pay for Prescribed Wildland Fire Activities
Starting September 14, 2026, federal employees who work on planned wildland fires will get a 25% pay boost for their risky fireline duties. This new rule affects General Schedule and Federal Wage System workers who help control these fires, making their tough jobs a bit more rewarding. It’s a win for firefighters who keep our forests safe with planned burns!
2026-15650, Suitability Action Appeals
The Office of Personnel Management (OPM) is issuing final regulations to revise how an applicant, appointee, or employee may appeal a suitability action taken under 5 CFR part 731. OPM will replace the Merit Systems Protection Board (MSPB) as the adjudicative agency for such appeals. The change will streamline suitability action appeals procedures, thereby improving the efficiency, rigor, and timeliness by which OPM and agencies resolve challenges to suitability actions and ensure the integrity and efficiency of the service.
2026-15666, Reduction in Force Appeals
The Office of Personnel Management (OPM) is issuing final regulations to revise how an employee may appeal a furlough of more than 30 days, separation, or demotion by a reduction-in-force (RIF) action. OPM will replace the Merit Systems Protection Board (MSPB) as the adjudicative agency for such appeals. The rule establishes a uniform, record-based OPM appeal process; clarifies the appellant's burden; requires production of the complete agency record; preserves collateral statutory remedies; and applies prospectively to improve timeliness, consistency, and cost-effectiveness while maintaining administrative review.
Previous / Next Documents
Previous: 2026-02420, Airworthiness Directives; The Boeing Company Airplanes
The FAA wants to keep Boeing 777 airplanes safe by checking for rust on a special satellite antenna part. They’re asking airlines to inspect this part regularly and fix any problems found. Comments on this plan are open until March 23, 2026, and these inspections might cost some time and money but will keep flights safer.
Next: 2026-02454, Event Contracts; Withdrawal of Proposed Regulatory Action
The Commodity Futures Trading Commission (CFTC) is pulling back its June 2024 plan to change rules about event contracts, which affect traders and markets dealing with certain bets and games. They’re hitting pause to rethink things because of state laws and court cases that mix up who’s in charge. No new rules are coming now, but if they try again, they’ll let everyone know.