§ 751.107 Requests for reconsideration of an initial decision

5 CFR 751.107(a)(a) Upon a timely request from either party to the dispute or upon its own initiative, OPM may, in its sole and exclusive discretion, reopen and reconsider an initial decision issued under this part. An employee, the employee's representative, or agency may request reconsideration of an initial decision within 30 calendar days from issuance of the decision. The request for reconsideration must be filed as directed in the initial decision.

5 CFR 751.107(b)(b) Grounds for which OPM may grant a request for reconsideration are:

5 CFR 751.107(b)(1)(1) The initial decision contains erroneous findings of material fact sufficient to warrant an outcome different from that of the initial decision;

5 CFR 751.107(b)(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 751.107(b)(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 751.107(b)(4)(4) OPM finds good cause to reconsider an appeal.

5 CFR 751.107(c)(c) In any case that is reopened or reviewed, OPM may:

5 CFR 751.107(c)(1)(1) Issue a reopened and reconsidered decision (“R&R decision”) that affirms, reverses, modifies, vacates, or otherwise decides the case, in whole or in part;

5 CFR 751.107(c)(2)(2) Require the parties to submit argument and evidence;

5 CFR 751.107(c)(3)(3) Take any other action necessary for final disposition of the case; and

5 CFR 751.107(c)(4)(4) Issue an order with a date for compliance with the R&R decision.

5 CFR 751.107(d)(d) There is no further right of administrative appeal from the R&R decision.