§ 731.507 Requests for reconsideration of an initial decision

5 CFR 731.507(a)(a) Upon a request from either party to the dispute, OPM may, in its sole and exclusive discretion, reopen and reconsider an initial decision issued under this subpart. A party may request reopening and reconsideration of an initial decision within 30 calendar days from issuance of the initial decision.

5 CFR 731.507(b)(b) The request to reopen and reconsider must be filed using the e-filing system identified on OPM's website and must explain how the ground(s) relied on affected the outcome of the case. Any documents or further filings related to a request to reopen and reconsider must be filed at the same time the request is submitted.

5 CFR 731.507(c)(c) Grounds for which OPM may grant a request to reopen and reconsider are:

5 CFR 731.507(c)(1)(1) The initial decision contains an erroneous finding of material fact sufficient to warrant a different outcome;

5 CFR 731.507(c)(2)(2) The initial decision is based on an erroneous interpretation of statute or regulation or the erroneous application of the law to the facts of the case. The party must explain how the error affected the outcome of the case;

5 CFR 731.507(c)(3)(3) New and material evidence or legal argument is available that, despite the party's due diligence, was not available when the record closed. To constitute new evidence, the information contained in the documents, not just the documents themselves, must have been unavailable despite due diligence when the record closed; or

5 CFR 731.507(c)(4)(4) OPM finds good cause to reopen and reconsider an appeal.

5 CFR 731.507(d)(d) In any appeal that is reopened and reconsidered, OPM may:

5 CFR 731.507(d)(1)(1) Issue a reopened and reconsidered decision (“R&R decision”) that affirms, reverses, modifies, or vacates the initial decision, in whole or in part;

5 CFR 731.507(d)(2)(2) Require the parties to submit argument and evidence;

5 CFR 731.507(d)(3)(3) Take any other action necessary for final disposition of the case; and

5 CFR 731.507(d)(4)(4) Issue an order with a date for compliance with the R&R decision.

5 CFR 731.507(e)(e) There is no further right of administrative appeal from the R&R decision.