§1508 — Title 5 Government Organization and Employees | U.S. Code

Summary

If a person is harmed by an MSPB decision under sections 1504, 1505, or 1506, they can ask a U.S. District Court to review it by filing a petition within 30 days after the decision is mailed, in the district where the state or local officer or employee lives. Filing for review does not pause the decision unless the court orders a stay and the officer or employee is suspended while the case is pending.

Title 5, §1508

Government Organization and Employees — Source: USLM XML via OLRC

A party aggrieved by a determination or order of the Merit Systems Protection Board under section 1504, 1505, or 1506 of this title may, within 30 days after the mailing of notice of the determination or order, institute proceedings for review thereof by filing a petition in the United States District Court for the district in which the State or local officer or employee resides. The institution of the proceedings does not operate as a stay of the determination or order unless—

(1)the court specifically orders a stay; and

(2)the officer or employee is suspended from his office or employment while the proceedings are pending.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 118k(c).

July 19, 1940, ch. 640, § 4 “Sec. 12(c)”, 54 Stat. 768. section 346 and 347 of title 28 referred to in former section 118k(c) were repealed by the Act of

June 25, 1948, ch. 646, § 39, 62 Stat. 862, and are now covered by section 1254 of title 28. The titles of the courts are changed to conform to title 28. In the reference to filing a written petition, “written” is omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1978—Pub. L. 95–454 substituted “Merit Systems Protection Board” and “Board” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

§1508 Judicial Review