Federal Circuit Rule 47.9: Petition for Judicial Review Under 5 U.S.C. § 7703(d)
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title VII. General Provisions
(a) Time for Filing.
A petition for review of a final order or decision of the Merit Systems Protection Board or of an arbitrator pursuant to 5 U.S.C. § 7703(d) must be filed by the Director of the Office of Personnel Management within sixty (60) days after the date the Board or arbitrator issues notice of the final order or decision of the Board or arbitrator.
(b) Contents.
The Director’s petition must contain the following:
(1) a statement of jurisdiction under Federal Rule of Appellate Procedure 28(a)(4);
(2) the Director’s determination that the Board or arbitrator erred in interpreting a civil service law, rule, or regulation affecting personnel management and the reasons supporting the determination;
(3) the Director’s determination that the decision or order of the Board or arbitrator will have a substantial impact on a civil service law, rule, regulation, or policy directive, and the reasons supporting the determination; and
(4) an appendix including a copy of the order or decision for which review is sought and any relevant portion of the record on review; the appendix may also include documents not part of the record on review that are relevant to the determination that the decision will have substantial impact.
(c) Length of Petition, Response and Reply; Separate Brief.
A petition or response must not exceed 5,200 words if produced electronically or twenty (20) pages otherwise. A reply must not exceed 2,600 words if produced electronically or ten (10) pages otherwise. A separate brief supporting a petition, response, or reply is not permitted.
(d) Service and Filing.
The Director must electronically file the petition with the clerk of court and must serve a copy of the petition on the named respondents, all other parties before the Board or arbitrator, and the Board or arbitrator.
(e) Notice of Docketing.
On receipt, the clerk of court will enter the petition on the docket as a miscellaneous case and notify the Director, the named respondents, all other parties before the Board or arbitrator, and the Board or arbitrator of the docketing date.
(f) Appearance by Others.
The Board or arbitrator and any other party to the proceeding desiring to participate in the proceeding in this court must enter an appearance or file a notice if unrepresented. Anyone appearing will be deemed a respondent.
(g) Response; Appendix; Reply.
Within twenty-one (21) days after service of a petition, any respondent may file a response. The response may include an appendix containing any relevant portion of the record on review not included in the appendix to the petition; the appendix may also include documents or affidavits not part of the record on review that are relevant to the determination that the decision will have substantial impact. Within fourteen (14) days after service of a response, the Director may file a reply.
(h) Action by the Court.
Granting a petition for review is at the discretion of the court. On receipt of an order granting review, the clerk of court must enter the petition for review on the general docket. The petition for review will then proceed as if filed under Federal Rule of Appellate Procedure 15.