Board Boots Its Own Appeal Powers – Except for Foreign Service Firings
Published Date: 8/12/2026
Rule
Summary
The Merit Systems Protection Board (MSPB or Board) is amending its regulations to remove references to MSPB's jurisdiction over probationary termination, suitability, and reduction-in-force (RIF) appeals. This revision reflects the Office of Personnel Management's (OPM's) rescission of the MSPB's jurisdiction to hear these types of appeals. The rule retains MSPB's statutory jurisdiction over Foreign Service reduction-in-force appeals under 22 U.S.C. 4010a.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
Probationary Termination Appeals Removed
If you would appeal a probationary termination, the Merit Systems Protection Board (MSPB) no longer has jurisdiction to hear that appeal. The rule removes references to MSPB jurisdiction for probationary termination appeals to reflect the Office of Personnel Management's rescission of that jurisdiction.
Suitability Appeals No Longer with MSPB
If you would appeal a suitability determination, the MSPB no longer has jurisdiction to hear that appeal. The regulation deletes references to MSPB jurisdiction over suitability appeals following OPM's rescission of that jurisdiction.
RIF Appeals Jurisdiction Changed; Foreign Service Retained
The MSPB will no longer have jurisdiction over reduction-in-force (RIF) appeals generally because OPM rescinded that jurisdiction. The rule explicitly retains MSPB's statutory jurisdiction over Foreign Service RIF appeals under 22 U.S.C. 4010a.
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
2026-13445, Promoting Employee Accountability
The Office of Personnel Management and Merit Systems Protection Board want to make it easier for agencies to hold employees accountable for poor work or bad behavior. They’re proposing clearer rules for performance-based actions and better training for supervisors. This affects federal employees and agencies, with comments open until August 3, 2026, and aims to save time and improve fairness without extra costs.
2026-18205, Agency Information Collection Activities: Renewal With Change of a Currently Approved Information Collection; Comment Request
The Merit Systems Protection Board is renewing and updating its form for federal employees to appeal personnel and retirement decisions. This update includes options to submit appeals on paper, PDF, or online through their e-Appeal system. They’re asking for public comments by November 9, 2026, to make sure everything runs smoothly without extra costs or delays.
2026-18061, Determining the Appropriate Penalty for Federal Employees Charged With Misconduct
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.
2025-13707, Civil Monetary Penalty Inflation Adjustment
The Merit Systems Protection Board is raising civil penalty amounts to keep up with inflation, making sure fines stay fair and effective. This change affects anyone who might face these penalties and kicks in right away, helping keep the system balanced and up-to-date. So, if you’re dealing with MSPB rules, expect the fines to be a bit higher starting now!
2026-17678, Agency Information Collection Activities; Renewal of a Currently Approved Information Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
The Merit Systems Protection Board (MSPB) is seeking to renew a currently approved information collection in accordance with the Paperwork Reduction Act (PRA) of 1995. MSPB will submit the information collection abstracted below, OMB No. 3124-0015, to the Office of Management and Budget (OMB) pursuant to the PRA for review and clearance. MSPB's Information Collection Request (ICR) is set to expire on August 31, 2026. The ICR describes the nature of the information collection and its expected burden. MSPB developed this information collection as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. The purpose of this notice is to allow 30 days for public comment after submission of the collection to OMB.
2026-06858, Agency Information Collection Activities: Renewal of a Currently Approved Information Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
The Merit Systems Protection Board wants to keep collecting feedback on how well it serves the public for three more years—without changing anything. This helps them improve services while keeping paperwork light. If you have thoughts, you’ve got until June 8, 2026, to share them, and this process won’t cost anyone extra.
Previous / Next Documents
Previous: 2026-16432, Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Nepal
This document amends U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from the Federal Democratic Republic of Nepal (Nepal). These restrictions are imposed pursuant to an agreement between the United States and Nepal, entered into under the authority of the Convention on Cultural Property Implementation Act. This document amends the CBP regulations by adding Nepal to the list of countries which have bilateral agreements with the United States imposing cultural property import restrictions and contains the Designated List, describing the archaeological and ethnological material to which the restrictions apply.
Next: 2026-16465, Group Registration of Updates to a News Website
The U.S. Copyright Office is amending its regulation governing the group registration option for news websites. The final rule amends the definition of a "news website" to clarify the works eligible for this option, as set forth in the May 2026 notice of proposed rulemaking.