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5 U.S.C. § 1508 — Judicial review
Federal law — U.S. Code and appendices · legal_authorities
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.
A copy of the petition shall immediately be served on the Board, and thereupon the Board shall certify and file in the court a transcript of the record on which the determination or order was made. The court shall review the entire record including questions of fact and questions of law. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that the additional evidence may materially affect the result of the proceedings and that there were reasonable grounds for failure to adduce this evidence in the hearing before the Board, the court may direct that the additional evidence be taken before the Board in the manner and on the terms and conditions fixed by the court. The Board may modify its findings of fact or its determination or order in view of the additional evidence and shall file with the court the modified findings, determination, or order; and the modified findings of fact, if supported by substantial evidence, are conclusive. The court shall affirm the determination or order, or the modified determination or order, if the court determines that it is in accordance wit
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Source file: Laws/federal/codes/united-states-code/title-5/section-1508-judicial-review--0a9614ef9b.md
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Source location: Title 5, Chapter 15, § 1508; chapter-015-political-activity-of-certain-state-and-local-employees.md
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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.
A copy of the petition shall immediately be served on the Board, and thereupon the Board shall certify and file in the court a transcript of the record on which the determination or order was made. The court shall review the entire record including questions of fact and questions of law. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that the additional evidence may materially affect the result of the proceedings and that there were reasonable grounds for failure to adduce this evidence in the hearing before the Board, the court may direct that the additional evidence be taken before the Board in the manner and on the terms and conditions fixed by the court. The Board may modify its findings of fact or its determination or order in view of the additional evidence and shall file with the court the modified findings, determination, or order; and the modified findings of fact, if supported by substantial evidence, are conclusive. The court shall affirm the determination or order, or the modified determination or order, if the court determines that it is in accordance with law. If the court determines that the determination or order, or the modified determination or order, is not in accordance with law, the court shall remand the proceeding to the Board with directions either to make a determination or order determined by the court to be lawful or to take such further proceedings as, in the opinion of the court, the law requires. The judgment and decree of the court are final, subject to review by the appropriate United States Court of Appeals as in other cases, and the judgment and decree of the court of appeals are final, subject to review by the Supreme Court of the United States on certiorari or certification as provided by [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim). If a provision of this section is held to be invalid as applied to a party by a determination or order of the Board, the determination or order becomes final and effective as to that party as if the provision had not been enacted.
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the Merit Systems Protection Board finds—
(1) that a State or local officer or employee has not been removed from his office or employment within 30 days after notice of a determination by the Board that he has violated [section 1502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1502&num=0&edition=prelim) and that the violation warrants removal; or
(2) that the State or local officer or employee has been removed and has been appointed within 18 months after his removal to an office or employment in the same State (or in the case of the District of Columbia, in the District of Columbia) in a State or local agency which does not receive loans or grants from a Federal agency;
the Board shall make and certify to the appropriate Federal agency an order requiring that agency to withhold from its loans or grants to the State or local agency to which notice was given an amount equal to 2 years’ pay at the rate the officer or employee was receiving at the time of the violation. When the State or local agency to which appointment within 18 months after removal has been made is one that receives loans or grants from a Federal agency, the Board order shall direct that the withholding be made from that State or local agency.
**(b)** Notice of the order shall be sent by registered or certified mail to the State or local agency from which the amount is ordered to be withheld. After the order becomes final, the Federal agency to which the order is certified shall withhold the amount in accordance with the terms of the order. Except as provided by [section 1508 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1508&num=0&edition=prelim), a determination or order of the Board becomes final
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1506
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Federal law — U.S. Code and appendices · legal_authorities
Page 297
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 1508
notes if the withholding of that amount would
jeopardize the payment of the principal or inter-
est on the bonds or notes.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 405; Pub. L.
95–454, title IX, § 906(a)(6), Oct. 13, 1978, 92 Stat.
1225; Pub. L. 112–230, § 3(d), Dec. 28, 2012, 126 Stat.
1616.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 118k(b) (less
1st 4 sentences).
July 19, 1940, ch. 640, § 4
‘‘Sec. 12(b) (less 1st 4 sen-
tences)’’, 54 Stat. 768.
June 11, 1960, Pub. L. 86–507,
§ 1(1), 74 Stat. 200.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
AMENDMENTS
2012—Subsec. (a)(2). Pub. L. 112–230 inserted ‘‘(or in
the case of the District of Columbia, in the District of
Columbia)’’ after ‘‘the same State’’.
1978—Subsec. (a). Pub. L. 95–454 substituted ‘‘Merit
Systems Protection Board’’ for ‘‘Civil Service Commis-
sion’’ and ‘‘Board’’ for ‘‘Commission’’, respectively,
wherever appearing.
Subsecs. (b), (c). Pub. L. 95–454 substituted ‘‘Board’’
for ‘‘Commission’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–230 effective 30 days after
Dec. 28, 2012, see section 5(a) of Pub. L. 112–230, set out
as a note under section 1501 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment 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.
§ 1507. Subpenas and depositions
(a) The Merit Systems Protection Board may
require by subpena the attendance and testi-
mony
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