§ 1508. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC1508]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 15--POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES
Sec. 1508. Judicial review
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; or 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. 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.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 406; Pub. L. 95-454, title IX,
Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 118k(c). July 19, 1940, ch.
640, Sec. 4 ``Sec.
12(c)'', 54 Stat.
768.
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Sections 346 and 347 of title 28 referred to in former section
118k(c) were repealed by the Act of June 25, 1948, ch. 646, Sec. 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.
Amendments
1978--Pub. L. 95-454 substituted ``Merit Systems Protection Board''
and ``Board'' for ``Civil Service Commission'' and ``Commission'',
respectively, wherever appearing.
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.
Section Referred to in Other Sections
This section is referred to in section 1506 of this title.
