Proposed Rule2026-16108
Personnel Appeals Board; Procedural Rules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 7, 2026
Issuing agencies
Government Accountability Office
Abstract
The Government Accountability Office Personnel Appeals Board (PAB or Board) proposes several significant changes to its existing regulations to streamline and modernize case processing before the Board. The Board is codifying a process to submit pleadings and to execute service of process through electronic means. The Board will also begin requiring the submission of a petition form to ensure the Board is appraised of the crucial case-related information at the beginning of the case. The Board is also eliminating the automatic commencement of discovery upon the issuance of notice of petition to allow the Administrative Judge to tailor the process on a case-by-case basis. The Board is also beginning implementation of local rules for practice to aid pro se parties and legal practitioners who are unfamiliar with PAB processes. The local rules and petition form are available for viewing on the PAB website at www.pab.gao.gov. The Board is also proposing removal of Sec. Sec. 28.46-28.50 relating to subpoenas issued by the Board. The Board has also clarified language related to issuing of stays of personnel actions. The Board has also clarified the class certification process. The General Accounting Office Personnel Act of 1980 provides authority to make these changes.
Full Text
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<title>Federal Register, Volume 91 Issue 151 (Friday, August 7, 2026)</title>
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[Federal Register Volume 91, Number 151 (Friday, August 7, 2026)]
[Proposed Rules]
[Pages 51107-51111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16108]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 151 / Friday, August 7, 2026 /
Proposed Rules
[[Page 51107]]
GOVERNMENT ACCOUNTABILITY OFFICE
4 CFR Part 28
Personnel Appeals Board; Procedural Rules
AGENCY: Government Accountability Office Personnel Appeals Board.
ACTION: Proposed rule.
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SUMMARY: The Government Accountability Office Personnel Appeals Board
(PAB or Board) proposes several significant changes to its existing
regulations to streamline and modernize case processing before the
Board. The Board is codifying a process to submit pleadings and to
execute service of process through electronic means. The Board will
also begin requiring the submission of a petition form to ensure the
Board is appraised of the crucial case-related information at the
beginning of the case. The Board is also eliminating the automatic
commencement of discovery upon the issuance of notice of petition to
allow the Administrative Judge to tailor the process on a case-by-case
basis. The Board is also beginning implementation of local rules for
practice to aid pro se parties and legal practitioners who are
unfamiliar with PAB processes. The local rules and petition form are
available for viewing on the PAB website at <a href="http://www.pab.gao.gov">www.pab.gao.gov</a>. The Board
is also proposing removal of Sec. Sec. 28.46-28.50 relating to
subpoenas issued by the Board. The Board has also clarified language
related to issuing of stays of personnel actions. The Board has also
clarified the class certification process. The General Accounting
Office Personnel Act of 1980 provides authority to make these changes.
DATES: Comments must be received on or before September 8, 2026.
ADDRESSES: Comments may be submitted by any of the following methods:
Mail: Patricia Reardon-King, Clerk of the Board, Personnel Appeals
Board, U.S. Government Accountability Office, Room 1566, 441 G Street
NW, Washington, DC 20548.
E-Mail: <a href="/cdn-cgi/l/email-protection#dbabbab99bbcbab4f5bcb4ad"><span class="__cf_email__" data-cfemail="a4d4c5c6e4c3c5cb8ac3cbd2">[email protected]</span></a>, Subject: Personnel Appeals Board Proposed
Rules 2026.
FOR FURTHER INFORMATION CONTACT: Kimberly McLeod, Executive Director,
or Molly Dennison, Solicitor, 202-512-6137, <a href="/cdn-cgi/l/email-protection#b4c4d5d6f4d3d5db9ad3dbc2"><span class="__cf_email__" data-cfemail="afdfcecdefc8cec081c8c0d9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Government Accountability Office (GAO)
is not subject to the Administrative Procedure Act and accordingly the
PAB is not required by law to seek comments before issuing a final
rule. The Board is authorized by Congress, pursuant to 31 U.S.C. 751-
755, to hear and decide cases brought by GAO employees concerning
various personnel matters, including adverse or performance-based
actions, claims of discrimination, alleged prohibited personnel
practices, and labor-management relations. The Board also exercises
authority over GAO's Equal Employment Opportunity (EEO) process at the
agency. The Board's procedural regulations applicable to GAO appear at
4 CFR parts 27 and 28. The Board is revising these regulations to
maximize judicial economy, streamline processes and modernize
litigation processes to provide to electronic means for communication,
filing, and service.
List of Subjects in 4 CFR Part 28
Administrative procedure, Claims processing, Class certification,
Government employees.
For the reasons stated in the summary, GAO proposes to amend 4 CFR
part 28 as follows:
PART 28--GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD;
PROCEDURES APPLICABLE TO CLAIMS CONCERNING EMPLOYMENT PRACTICES AT
THE GOVERNMENT ACCOUNTABILITY OFFICE
0
1. The authority citation for part 28 continues to read as follows:
Authority: 31 U.S.C. 753.
0
2. Amend Sec. 28.4(b) by changing ``paper upon them and the notice or
paper is served by mail, five (5) days shall be added to the prescribed
period. Only two (2) days shall be added when a document is served by
express mail or other form of expedited delivery.'' to ``document upon
them and the notice is served electronically, the time shall be
computed as described above in paragraph (a) of this section. If the
notice is served'' and delete ``Only two (2) days shall be added when a
document is served by express mail or other form of expedited
delivery.''
0
3. Amend Sec. 28.4(d) by changing ``No written submission shall be
accepted by the Clerk of the Board after 4 p.m., Monday through
Friday'' to ``To compute a deadline date the Board will consider a day
to end after 11:59 p.m. Eastern Time. Administrative Judges can choose
to alter the applicable time zone at their discretion.''
0
4. Amend Sec. 28.8(a) by deleting the Board's Executive Director,
Director of EEO Oversight, Solicitor.
0
5. Amend Sec. 28.9(b) by changing ``No pleading, motion or supporting
memorandum filed with the Board shall exceed 60 pages, exclusive of
attachments. The Board or the administrative judge may waive this
limitation for good cause shown. Pleadings, motions and supporting
memoranda, and attachments thereto, shall be on standard letter-size
paper (8\1/2\ x 11).'' to ``All pleadings, motions or supporting
memoranda filed with the Board shall comply with the formatting and
organization requirements contained in the Board's Local Rules. The
Board or the administrative judge may permit a deviation from the Local
Rules upon a showing of good cause.''
0
6. Amend Sec. 28.11(b)(1) to remove the words ``30 days'' and add, in
their place, the words ``45 days''.
0
7. Amend Sec. 28.11(b)(2) to remove the words ``30 days'' and add, in
their place, the words ``45 days''.
0
8. Amend Sec. 28.11(b)(4) by revising paragraph (b)(4) to read as
follows: ``Charges relating to continuing violations must be filed
within 45 days of at least one act or incident contributing to the
continuing violation.''
0
9. Amend Sec. 28.11(b) by adding paragraph (b)(5) to read as follows:
``Charges relating to unfair labor practices shall be filed in
accordance with the rules set forth in Sec. 28.121.''
0
10. Amend Sec. 28.11(c) by revising paragraph (c) to read as follows:
``How to file. Charges may be filed with the Office of General
Counsel by email or by U.S. Mail.
(1) A charge may be filed by sending the charge as an attachment to
an email
[[Page 51108]]
addressed to <a href="/cdn-cgi/l/email-protection#562637343931351631373978313920"><span class="__cf_email__" data-cfemail="b1c1d0d3ded6d2f1d6d0de9fd6dec7">[email protected]</span></a>. When filed electronically, the filing date
is the date and time the email is delivered to the <a href="/cdn-cgi/l/email-protection#641405060b03072403050b4a030b12"><span class="__cf_email__" data-cfemail="cbbbaaa9a4aca88bacaaa4e5aca4bd">[email protected]</span></a>
mailbox.
(i) In the event a charge is mistakenly sent to the <a href="/cdn-cgi/l/email-protection#aedecfcceec9cfc180c9c1d8"><span class="__cf_email__" data-cfemail="4c3c2d2e0c2b2d23622b233a">[email protected]</span></a>
mailbox instead of the <a href="/cdn-cgi/l/email-protection#532332313c34301334323c7d343c25"><span class="__cf_email__" data-cfemail="710110131e16123116101e5f161e07">[email protected]</span></a> mailbox, the Office of General
Counsel may treat the filing as if it had been sent to the
<a href="/cdn-cgi/l/email-protection#bfcfdeddd0d8dcffd8ded091d8d0c9"><span class="__cf_email__" data-cfemail="7d0d1c1f121a1e3d1a1c12531a120b">[email protected]</span></a> mailbox for timeliness purposes.
(2) A charge may be filed by U.S. Mail addressed to the Office of
General Counsel, Personnel Appeals Board, Room 1562, 441 G Street NW,
Washington, DC 20548. When filed by mail, the postmark shall be the
date of filing.''
0
11. Amend Sec. 28.11(d) by revising the introduction language to read
as follows: ``What to file. A written charge must be filed with the
Office of General Counsel. A charge may be submitted in any written
form (Office of General Counsel charge form, letter, memorandum, etc.).
The charging party should include in any charge the following
information:''
0
12. Amend Sec. 28.11(d) by adding paragraph (d)(7)(i) to read as
follows:
``An electronic filing may include any of the following forms of
signature:
(A) An electronic signature using a government or other private
secure electronic signature,
(B) Signer may type ``/s/'' followed by the typed name of the
person, or
(C) A scanned pen/ink signature of the person signing the charge.''
0
13. Amend Sec. 28.11(e) to add the words ``Attorney's Fees'' as the
paragraph heading.
0
14. Amend Sec. 28.18(b)(1) by changing ``paragraph'' to ``Sec.
28.18''.
0
15. Amend Sec. 28.18(b)(2) by changing ``paragraph'' to ``Sec.
28.18''.
0
16. Amend Sec. 28.18(b)(3) by changing ``paragraph'' to ``Sec.
28.18''.
0
17. Amend Sec. 28.18(c)(1) by changing ``A petition may be filed by
hand delivery to the office of the Personnel Appeals Board, Room 1566,
441 G Street NW, Washington, DC 20548. It must be received by 4 p.m.,
Monday through Friday, on the date that it is filed.'' to ``Petitions
shall conform to the specifications and instructions laid out in the
Local Rules for the Personnel Appeals Board, which are posted and
publicly available on the PAB's website (<a href="https://www.pab.gao.gov">https://www.pab.gao.gov</a>).''
0
18. Amend Sec. 28.18(c)(2) by changing ``A petition may be filed by
mail addressed to the Personnel Appeals Board, Room 1566, 441 G Street
NW, Washington, DC 20548. When filed by mail, the postmark shall be the
date of filing for all submissions to the Board.'' to ``Generally, it
is required for all parties to file electronically. However, the Board
or administrative judge may permit an exception for good cause. A
petition filed electronically must be filed in accordance with the
Board's local rules.''
0
19. Amend Sec. 28.18(c) by adding subparagraph ``(3) A petition filed
by mail shall be addressed to the Personnel Appeals Board, Room 1566,
441 G Street NW, Washington, DC 20548. When filed by mail, the postmark
shall be the date of filing for all submissions to the Board and should
contain a statement and any relevant documentation to demonstrate good
cause for not filing electronically in accordance with paragraph
(c)(2).''
0
20. Amend Sec. 28.18(d)(6) by adding ``, and a designation of
representative signed by the petitioner;'' after ``further stages of
the matter''.
0
21. Amend Sec. 28.18(d)(7) by changing ``Signature of the petitioner
or petitioner's representative'' ``Signature of the petitioner and
petitioner's representative (if any), as directed by Sec. 28.20; and''
0
22. Amend Sec. 28.18(d) by adding subsection (8) Any additional
information directed by the Local Rules.
0
23. Amend Sec. 28.18(f) by adding changing ``Non-EEO class actions.
One or more persons may file a petition as representatives of a class
in any matter within the Board's jurisdiction. For the purpose of
determining whether it is appropriate to treat a petition as a class
action, the administrative judge will be guided, but not controlled, by
the applicable provisions of the Federal Rules of Civil Procedure. See
Sec. 28.97 for EEO class actions.'' to ``Non-EEO class actions. One or
more persons may file a petition as representatives of a class in any
matter within the Board's jurisdiction except any class petition solely
based upon claims of prohibited discrimination covered under Sec.
28.95 shall be processed pursuant to the Special Procedures: Equal
Employment Opportunity (EEO) Cases set forth under Sec. 28.97.
0
24. Add subsections to Sec. 28.18(f)
(1) Petition. The judge will hear the case as a class petition if
they find that a class petition is the fairest and most efficient way
to adjudicate the petition, and that the representative of the parties
will adequately protect the interests of all parties.
(2) What to File. In addition to the information required under
Sec. 28.18(d), any class petition shall:
(A) State clearly that it is being filed as a class petition.
(B) Set forth a description of the scope of the common class
claims.
(C) Set forth an explanation as to whether and how the proposed
class agent(s) are typical representatives of the common class claims.
(D) State whether the putative class includes persons covered by
applicable collective bargaining agreements to which GAO is a party.
(E) State whether the proposed class requests a hearing on class
certification.
(3) Timing. When a class petition is filed, the deadline to file
individual petitions is tolled for the claims set forth under Sec.
28.18(f)(2)(B). However, if the judge denies the class certification
request, individuals affected by the decision may file individual
petitions within 30 days following the date of the decision denying
class certification. Each individual petitioner is responsible for
keeping informed of the status of a class petition.
(4) Notice. The Clerk of the Board will publish notices of pending
class certification upon receipt of a class petition.
(5) Review. A decision on a request to certify a class action
petition is not reviewable pursuant to Sec. 28.87(b) until the judge
issues an initial decision under Sec. 28.87(a).''
0
25. Amend Sec. 28.20 to delete ``Number of''
0
26. Amend Sec. 28.20(a) to change ``Number. One original and seven
copies of all pleadings (see definition in Sec. 28.3) must be filed
with the Board. However, when before a single administrative judge, one
original and three copies will be adequate unless informed otherwise.''
to ``Matters excluded from e-filing. E-filing is not required to File a
request to hear a case as a class action or any opposition thereto e-
filing may not be used to file a pleading that contains classified
information. Refer to Local Rules for instructions on how to proceed if
relevant case materials contain classified information.''
0
27. Amend Sec. 28.20(b)(1) by changing ``copies of a'' to ``the,''
deleting ``by mail and/or by facsimile.'' Change ``a service list
indicating the names and addresses of the parties to the proceeding or
their designated representatives.'' to ``an official Service List
indicating the names, addresses, and email addresses of the parties to
the proceeding and/or their designated representatives as they have
been provided to the Board. The email address contained on the service
list will be the party's registered email address for the duration of
the case unless changed in accordance with paragraph (b)(2) of this
section and the Board's local rules.''
0
28. Amend Sec. 28.20(b)(2) by changing ``mailing, by facsimile or by
delivering personally,'' to ``email,'' changing ``a copy of the
pleading to each party on the service list previously provided by
[[Page 51109]]
the Board. Each pleading must be accompanied by a certificate of
service specifying how and when service was made. It shall be the duty
of all parties to notify the Board and one another in writing of any
changes in the names or addresses on the service list.'' to ``to the
parties' and/or their representatives' registered email address as
contained on the service list. Service shall be by email unless good
cause has been shown and the administrative judge has granted a request
to conduct service by mail. Each pleading must be accompanied by a
certificate of service specifying how and when service was made. It
shall be the duty of all parties to notify the Board and one another in
writing of any changes in the names, addresses and email addresses on
the service list.''
0
29. Amend Sec. 28.20(b) by adding subpart ``(3) The Board may serve
documents via traditional means--postal mail, facsimile, commercial or
personal delivery at its discretion. Parties and their representatives
are responsible for ensuring that the Board always has their current
postal mailing addresses, even when they are e-filers.''
0
30. Amend Sec. 28.20(d) by changing ``Sec. 28.9(b)'' to ``in the
Board's local rules.''
0
31. Amend Sec. 28.20 by adding subparts ``(e) Signatures. (1) All
filings must contain the signature of the filing party or the filing
party's designated representative. (2) A filing made through a person's
registered email address, authorized by that person and containing one
of following methods listed will constitute a valid signature: (i) An
electronic signature using a government or other private secure
electronic signature, (ii) Signer may type ``/s/'' followed by the
typed name of the person, or (iii) A scanned pen/ink signature of that
person. (f) Date electronically filed documents are filed and served.
(1) The date of filing for pleadings filed electronically is the date
of the electronic submission. All pleadings filed electronically are
time stamped with Eastern Time. (2) Documents issued by the Board are
deemed received on the date of electronic transmission.''
0
32. Amend Sec. 28.21(b)(1) by changing ``An original and 3 copies of
written motions shall be filed with the Clerk of the Board. An original
and 3 copies of responses in opposition to written motions must be
filed with the Clerk of the Board within 20 days of service of the
motion unless the administrative judge requires a shorter time.'' to
``Motions shall be filed in accordance with Sec. 28.20. Responses to
written motions must be filed within 20 days of service of the motion
unless the administrative judge requires a shorter time, or an
extension has been requested and granted.''
0
33. Amend Sec. 28.21(b)(2) by changing ``When an action is before the
full Board, an original and 7 copies of any motion shall be filed with
the Clerk of the Board. An original and 7 copies of any responses in
opposition to motions must be filed with the Clerk of the Board within
20 days of service of the motion unless the Board requires a shorter
time.'' to ``A party filing a motion for extension of time, a motion
for postponement of a hearing, or any other procedural motion must
first contact the other party to determine whether there is any
objection to the motion and must state in the motion whether the other
party has any objection.''
0
34. Amend Sec. 28.21(b)(3) by changing ``A party filing a motion for
extension of time, a motion for postponement of a hearing, or any other
procedural motion must first contact the other party to determine
whether there is any objection to the motion and must state in the
motion whether the other party has any objection.'' to ``All written
submissions shall be served simultaneously upon the other parties to
the proceeding in accordance with Sec. 28.20(b). A certificate of
service must be attached stating the method of service and listing the
parties served. Further submissions by either party may be filed only
with the approval of the administrative judge or the full Board.''
0
35. Amend Sec. 28.21(b)(4) by changing ``No motions, responses or
other submissions will be accepted for filing by the Clerk of the Board
after 4 p.m., Monday through Friday. All written submissions shall be
served simultaneously upon the other parties to the proceeding. A
certificate of service must be attached showing service by mail,
facsimile or personal delivery of the submission to the other parties.
Further submissions by either party may be filed only with the approval
of the administrative judge or full Board'' to ``All written motions
and responses thereto shall include a proposed order, where
applicable.''
0
36. Amend Sec. 28.21(b)(5) by changing ``All written motions and
responses thereto shall include a proposed order, where applicable'' to
``Motions for extension of time will be granted only upon a showing of
good cause.''
0
37. Amend Sec. 28.21(b)(6) by changing ``Motions for extension of time
will be granted only upon a showing of good cause'' to ``Oral argument.
The administrative judge may allow oral argument on the motion at his
or her discretion.''
0
38. Delete Sec. 28.21(b)(7)
0
39. Amend Sec. 28.21(c)(3) by adding ``by the administrative judge''
after ``will be granted.''
0
40. Amend Sec. 28.25(a) by changing ``shall instead'' to ``shall
also.''
0
41. Amend Sec. 28.42 by changing ``Discovery from a party. A party
seeking discovery from another party shall initiate the process by
serving a request for discovery on the other party'' to ``Seeking
discovery generally. The administrative judge shall notify the parties
of the right to seek discovery prior to the hearing and may issue such
discovery orders as are appropriate. Both parties are entitled to
reasonable development of evidence on matters relevant to the issues
raised in the petition, but the administrative judge and/or the Board's
Local Rules may limit the quantity and timing of discovery. Evidence
may be developed through interrogatories, depositions, and requests for
admissions, stipulations or production of documents. Examples of
grounds for objection to produce evidence include requests for
information that is readily available, irrelevant to the matter,
overburdensome to produce, repetitious of previous requests, or
protected by privilege.''
0
42. Amend Sec. 28.42(a)(2) by changing ``The notice shall: (i) Specify
the time and place of the taking of the deposition; and (ii) Be served
on the person to be deposed'' to ``The notice shall specify the time
and place of the taking of the deposition; and''
0
43. Amend Sec. 28.42(a)(3) by adding ``or any Federal employee'' after
``GAO''.
0
44. Amend Sec. 28.42(b) by deleting ``When a party unable to obtain
voluntary cooperation, the party may request that the administrative
judge issue a subpoena by following the procedures set forth in Sec.
28.46.''
0
45. Amend Sec. 28.42(d)(1) by changing ``Requests for discovery shall
be served within 30 days after the service list is served by the Board
on all parties'' to ``The administrative judge shall notify the parties
of the commencement and time limits to initiate discovery.''
0
46. Amend Sec. 28.42(d)(2) by deleting ``Any discovery requests
following the initial request shall be served within 10 days of the
date of service of the prior response, unless otherwise directed.'' And
deleting ``or in the subpoena,''.
0
47. Amend Sec. 28.42(d)(5) by changing ``judge, but no later than 65
days after the service of the notice of filing of a petition. A later
date may be set by the administrative judge after due consideration of
the particular situation including the dates for hearing set and
closing of the case record.'' To ``judge.''
[[Page 51110]]
0
48. Delete Sec. Sec. 28.46 through 28.50 RESERVED.
0
49. Amend Sec. 28.56(b) by changing ``will be conducted as'' to
``is''.
0
50. Amend Sec. 28.56(c) by changing ``will be'' to ``are.''
0
51. Amend Sec. 28.56(d) by changing ``the original of each such
exhibit to the court reporter, two copies to the administrative judge,
plus one copy for each opposing party that is separately represented''
to ``their exhibits in accordance with the Board's Local Rules and the
orders of the administrative judge.''
0
52. Amend Sec. 28.56(e) by changing ``bringing the proper number of
copies of an exhibit to the hearing'' to ``for providing their own
exhibits and complying with Board's Local Rules and the orders of the
administrative judge.''
0
53. Amend Sec. 28.56(f) by changing ``in the lower right hand corner
and the first page shall indicate the total number of pages in the
exhibit. Multiple exhibits shall be indexed and tabbed'' to ``and
formatted in accordance with the Board's Local Rules.''
0
54. Amend Sec. 28.56(g) by changing ``No later than the commencement
of the hearing, each party shall submit to the administrative judge, to
the court reporter, and to the opposing party (1) A typed list of the
witnesses expected to be called to testify; and (2) a typed list of the
acronyms (with definitions) expected to be used by the witnesses'' to
``Prior to commencement of the hearing and at the direction of the
administrative judge, the parties shall submit to the administrative
judge and to the opposing party: a list of witnesses they expect to
call at hearing.''
0
55. Amend Sec. 28.60(a) by changing ``Principal briefs shall not
exceed 60 pages and reply briefs 30 pages, exclusive of tables and
pages limited only to quotations of statutes, rules, and the like.
Motions to file extended briefs shall be granted only for good cause
shown. Briefs in excess of 10 pages shall include an index and a table
of authorities'' to ``Briefs shall conform to the length requirements
contained in the Board's Local Rules unless otherwise directed by the
administrative judge. Motions to file extended briefs shall be granted
only for good cause shown.''
0
56. Amend Sec. 28.60(b) by changing ``Every brief must be easily
readable. Pages must be 8\1/2\ x 11 inches with margins at least one
inch on all sides. Typewritten briefs must have double spacing between
each line of text, except for quoted texts which may be single spaced''
to ``Every brief must conform to the formatting requirements contained
in the Board's Local Rules unless otherwise directed by the
administrative judge.''
0
57. Delete Sec. 28.60(c)
0
58. Amend Sec. 28.133(a) by changing ``Prior to the effective date of
any proposed personnel action, the Board's General Counsel may request,
ex parte, the issuance of an initial stay of the proposed personnel
action for a period not to exceed 30 days if the General Counsel
believes that the proposed personnel action arises out of a prohibited
personnel practice. The'' to ``Initial Stay Request. If the General
Counsel believes that a proposed personnel action is arising out of a
prohibited personnel practice, the General Counsel may request the
issuance of an initial stay, not to exceed 30 days. The initial stay''
and adding ``submitted prior to the effective date of the proposed
personnel action, be'' after ``request shall be.'' Delete ``, and
shall'' before ``, specify'' and delete ``Within three business days of
its filing, the request shall be granted by the Board member designated
by the Board Chair to entertain the request unless that Board member
determines that the request either: (1) Fails to satisfy the
requirements of this paragraph or
(2) On its face, conclusively establishes that the proposed
personnel action did not arise out of an alleged prohibited personnel
practice as specified by the General Counsel.''
0
59. Amend Sec. 28.133(b) to change ``The Board's General Counsel may
request the issuance of either: (1) Further temporary stays for the
purpose of allowing additional time to pursue its investigation or (2)
A permanent stay for the purpose of staying the proposed personnel
action until a final decision is rendered'' to ``The assigned Board
member shall issue a ruling on the initial request prior to the
effective date of the proposed personnel action but not more than three
(3) business days following the initial stay request. The request shall
be granted unless the Board member determines that the request either:
(1) Fails to satisfy the requirements of this paragraph (a) or (2) On
its face, conclusively establishes that the proposed personnel action
did not arise out of an alleged prohibited personnel practice as
specified by the General Counsel.''
0
60. Amend Sec. 28.133(c) to change ``Requests for stays under
paragraph (b) of this section shall be received by both the Board and
the GAO no less than 10 days before the expiration of any stay then in
effect. Any response from GAO to the request shall be received by both
the Board and the Board's Office of General Counsel no less than three
days before the expiration of any stay then in effect. Any request for
stay under this paragraph shall be decided by the Board member who
issued the prior stay under paragraph (a) of this section, unless the
Board Chair determines that it should be decided by the Board en banc.
The Board member, or Board en banc, may require further briefing, oral
argument, submission of affidavits or other documentary evidence, or
may conduct an evidentiary hearing before rendering a decision. Any
stay then in effect may be extended, sua sponte, for a period not to
exceed 30 days to enable the Board member, or Board en banc, a
reasonable opportunity to render a decision'' to ``The Board's General
Counsel may request additional stays for the following reasons: (1) For
the purpose of allowing additional time to pursue its investigation or
(2) For the purpose of staying the proposed personnel action that is
the subject of a petition before the Board until a final decision is
rendered.''
0
61. Amend Sec. 28.133(d) to change ``A temporary stay under paragraph
(b)(1) of this section may be issued if the Board member, or Board en
banc, determines that under all of the circumstances the interests of
justice would be served by providing more time for the Board's Office
of General Counsel to pursue the investigation. However, the duration
of any single temporary stay shall not exceed the amount of time
reasonably necessary to acquire sufficient information to support a
request for a permanent stay in the exercise of a high degree of
diligence and, in no event, shall any single temporary stay exceed 60
days except as provided under paragraph (c) of this section for the
purpose of allowing time to render a decision'' to ``Requests for stays
under paragraph (c) of this section shall be received by both the Board
and GAO no less than 10 days before the expiration of any stay then in
effect. Any response from GAO to the request shall be received by both
the Board and the Board's Office of General Counsel no less than three
days before the expiration of any stay then in effect. Any request for
stay under this paragraph shall be decided by the Board member who
issued the prior stay under paragraphs (a) and (b) of this section,
unless the Board Chair determines that it should be decided by the full
Board. The Board member, or the full Board, may require further
briefing, oral argument, submission of affidavits or other documentary
evidence, or may conduct an evidentiary hearing before rendering a
decision. Any stay then in effect may be extended, sua sponte, for a
period not to exceed 30 days to enable
[[Page 51111]]
the Board member, or full Board, a reasonable opportunity to render a
decision.''
0
62. Amend Sec. 28.133(e) to change ``In determining whether a
permanent stay under paragraph (b)(2) of this section should be issued,
the Board member, or Board en banc, shall: (1) Assess the evidence
adduced by each side as to whether the proposed personnel action arises
out of an alleged prohibited personnel practice as specified by the
Board's General Counsel; (2) Assess the nature and gravity of any harm
that could inure to each side if the request for permanent stay is
either granted or denied; and (3) Balance the assessments conducted
under paragraphs (e)(1) and (2) of this section'' to ``A stay under
paragraph (c)(1) of this section may be issued if the Board member, or
The full Board, determines that under all of the circumstances the
interests of justice would be served by providing more time for the
Board's Office of General Counsel to pursue the investigation. However,
the duration of a stay under paragraph (c)(1) of this section shall not
exceed the amount of time reasonably necessary to acquire sufficient
information to support a request normally not more than 60 days.''
0
63. Amend Sec. 28.133(f) to change ``Any order issued by a member of
the Board granting or denying, in whole or in part, a stay request
under paragraph (b) shall be subject to review by the Board en banc on
the filing and service of a notice of appeal, accompanied by a
supporting brief, within 10 days of the service of that order.
Responsive briefs shall be filed and served within 10 days of service
of the appeal'' to ``In determining whether to grant a stay under
paragraph (c)(2) of this section, the Board member, or the full Board,
shall: (1) Assess the evidence adduced by each side as to whether the
proposed personnel action arises out of an alleged prohibited personnel
practice as specified by the Board's General Counsel; (2) Assess the
nature and gravity of any harm that could inure to each side if the
request for permanent stay is either granted or denied; and (3) Balance
the assessments conducted under paragraphs (f)(1) and (2) of this
section.''
0
64. Add Sec. 28.133(h) ``Any order issued by a member of the Board
granting or denying, in whole or in part, a stay request under
paragraph (c) shall be subject to review by the full Board on the
filing and service of a notice of appeal, accompanied by a supporting
brief, within 10 days of the service of that order. Responsive briefs
shall be filed and served within 10 days of service of the appeal.''
Kimberly McLeod,
Executive Director, Personnel Appeals Board, U.S. Government
Accountability Office.
[FR Doc. 2026-16108 Filed 8-6-26; 8:45 am]
BILLING CODE 1610-02-P
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