§ 751.103 Form and content of probationary or trial period appeal and agency response

5 CFR 751.103(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 751.103(b)(b) Agency response.

5 CFR 751.103(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 751.103(b)(1)(i)(i) The name of the appellant and of the agency whose action the appellant is appealing;

5 CFR 751.103(b)(1)(ii)(ii) A statement identifying the agency action taken against the appellant and stating the reasons for taking the action;

5 CFR 751.103(b)(1)(iii)(iii) All documents contained in the agency record of the action;

5 CFR 751.103(b)(1)(iv)(iv) Designation of and signature by the authorized agency representative; and

5 CFR 751.103(b)(1)(v)(v) Any other documents or responses requested by OPM.

5 CFR 751.103(b)(2)(2) The agency's 30 days to respond begins upon service of the appeal.

5 CFR 751.103(b)(3)(3) The agency record of the action shall include, at a minimum:

5 CFR 751.103(b)(3)(i)(i) All documents considered or relied upon by the agency in taking the action;

5 CFR 751.103(b)(3)(ii)(ii) The notice of action and effective date;

5 CFR 751.103(b)(3)(iii)(iii) Documents showing the appellant's appointment, service history, and probationary or trial period status;

5 CFR 751.103(b)(3)(iv)(iv) Any written certification, noncertification, or failure-to-certify record under 5 CFR part 11;

5 CFR 751.103(b)(3)(v)(v) Any documents supporting the agency's basis for the action under appeal; and

5 CFR 751.103(b)(3)(vi)(vi) A certification that the agency has produced the complete record considered by the deciding official or otherwise relied upon by the agency.

5 CFR 751.103(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 751.103(c)(c) Reply. An employee may file a reply to an agency response to an initial appeal within 15 calendar days of the date the agency submits its 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 751.103(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 751.103(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 751.103(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.