§ 351.903 Form and content of RIF appeal and agency response

5 CFR 351.903(a)(a) Initial appeal. An employee's appeal shall be in writing and shall state the basis of the employee's appeal; the name, address, and email address or phone number of the appellant and appellant's representative, if any; and any documentation supporting the appellant's appeal.

5 CFR 351.903(b)(b) Agency response.

5 CFR 351.903(b)(1)(1) The agency response to an appeal must be filed within 30 calendar days after service of the initial appeal and contain:

5 CFR 351.903(b)(1)(i)(i) The name of the appellant and of the agency whose action the appellant is appealing;

5 CFR 351.903(b)(1)(ii)(ii) A statement identifying the agency action taken against the appellant and stating the reasons for taking the action;

5 CFR 351.903(b)(1)(iii)(iii) All documents contained in the agency record of the action;

5 CFR 351.903(b)(1)(iv)(iv) Designation of and signature by the authorized agency representative; and

5 CFR 351.903(b)(1)(v)(v) Any other documents or responses requested by OPM.

5 CFR 351.903(b)(2)(2) The agency's 30 days to respond begins upon service of the appeal.

5 CFR 351.903(b)(3)(3) The agency record of the action shall include, at a minimum:

5 CFR 351.903(b)(3)(i)(i) The appellant's specific written reduction-in-force notice, any amended notice, proof of service or receipt, and documents showing the effective date of the action;

5 CFR 351.903(b)(3)(ii)(ii) Documents supporting the reason for the reduction in force, including whether the action was based on lack of work, shortage of funds, insufficient personnel ceiling, reorganization, or the exercise of reemployment or restoration rights;

5 CFR 351.903(b)(3)(iii)(iii) Documents establishing the appellant's coverage, position, appointment, tenure group and subgroup, veterans' preference status, service computation date, work schedule, competitive area, competitive level, and status as a competing employee;

5 CFR 351.903(b)(3)(iv)(iv) Documents establishing the competitive area and competitive level used for the reduction in force, including any required agency or OPM approval, written competitive area justification, organizational chart, position descriptions, classification records, representative rate determinations, and related records;

5 CFR 351.903(b)(3)(v)(v) The retention register applicable to the appellant, if one was prepared, and any related retention records that affected the appellant's retention standing, order of release, or assignment rights, including records supporting performance credit, veterans' preference credit, tenure subgroup, and service computation date;

5 CFR 351.903(b)(3)(vi)(vi) Documents showing how the agency applied the order of release, including any tie determination, any correction of retention standing, and any mandatory or discretionary exception to the order of release;

5 CFR 351.903(b)(3)(vii)(vii) Documents concerning the appellant's assignment rights, if any, including positions considered for assignment, qualification determinations, job analysis or assessment materials, offers of assignment, and any declination;

5 CFR 351.903(b)(3)(viii)(viii) Documents concerning any special reduction-in-force circumstance relevant to the appellant, including abolishment of an entire competitive area, transfer of function, exclusion from RIF competition under § 351.202(d), restoration protection, or other basis for modified notice or treatment under this part; and

5 CFR 351.903(b)(3)(ix)(ix) A certification that the agency has produced the complete agency record of the reduction-in-force action.

5 CFR 351.903(b)(4)(4) The agency must produce the complete agency record to OPM. The agency must serve the appellant with the agency record, except that the agency may redact or withhold information from the copy served on the appellant to the extent necessary to comply with the Privacy Act, applicable legal privileges, classified information or national security requirements, protective orders issued by OPM, and any other applicable limitation on disclosure required by law.

5 CFR 351.903(c)(c) Reply. An employee may file a reply to an agency response to an initial appeal within 15 calendar days of the agency response. The reply may only address the factual and legal issues raised by the agency in response to the initial appeal. The reply may not raise new allegations of error unless the basis rests on information first disclosed in the agency response or unless OPM grants leave for good cause.

5 CFR 351.903(d)(d) Inspection of OPM's appellate record. The employee, an employee's representative, and the agency will be permitted to inspect OPM's appellate record on request, subject to the Privacy Act, applicable legal privileges, classified information or national security requirements, protective orders issued by OPM, and any other applicable limitation on disclosure required by law.

5 CFR 351.903(e)(e) Service of documents. The employee, employee's representative, and agency will serve on each other copies of any and all information submitted to OPM with respect to an appeal, subject to the Privacy Act, applicable legal privileges, classified information or national security requirements, protective orders issued by OPM, and any other applicable limitation on disclosure required by law. Such information must be served on all other parties at the same time the information is submitted to OPM and must be accompanied by a certificate of service stating how and when service was made.

5 CFR 351.903(f)(f) Untimely filings. Untimely filings may be accepted upon a party's showing of good cause at the sole and exclusive discretion of OPM.