5 CFR 1208.16: Appeals under another law, rule, or regulation.
Where this section sits in the code
- Title 5—Administrative Personnel
- CHAPTER II—MERIT SYSTEMS PROTECTION BOARD
- SUBCHAPTER A—ORGANIZATION AND PROCEDURES
- PART 1208—PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT OPPORTUNITIES ACT
- Subpart B—USERRA Appeals
Nothing in USERRA prevents an appellant who may appeal an agency action to the Board under any other law, rule, or regulation from raising a claim of a USERRA violation in that appeal. The Board will treat such a claim as an affirmative defense that the agency action was not in accordance with law (5 CFR 1201.56(b)(3)).
Collected 2026-08-27T02:23:53Z. Source file · JSON