Determining the Appropriate Penalty for Federal Employees Charged With Misconduct

What it does

The Merit Systems Protection Board (MSPB or Board) is issuing a final rule amending its regulations governing the Board's review of the reasonableness of an agency's chosen penalty in misconduct-based adverse actions appealed to the Board. Under the final rule, the Board will no longer require consideration of the 12 factors set forth in Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981), in every case. Instead, the Board will evaluate whether the agency's penalty is within the tolerable limits of reasonableness in light of the totality of the circumstances, determined on a case-by-case basis.

The Merit Systems Protection Board's summary, as published in the Federal Register.

What changed in the regulation

1 part of Title 5 of the Code of Federal Regulations:

5 CFR 1201

Wording on eCFR: the day before it took effect and from the day it took effect (first part listed).

Compared with

The Merit Systems Protection Board has published 3 final rules in 2026 so far, compared with 2 in all of 2025.

Counted by the Tribune from Federal Register records since Jan. 1, 2025.

Before this

1 earlier Federal Register document under regulation identifier 3124-AA35 since Jan. 1, 2025.

• July 2, 2026 Proposed rule. Promoting Employee Accountability

What happens next and when

Effective date: This rule is effective October 5, 2026.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Title 5 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register