OFO Reconsideration Requests

Melville Johnson

April 7, 2020

This request for reconsideration is not another appeal to the Commission. Instead, the Commission grants the request in its discretion, meaning that it can pick and choose which cases to grant the request.

The party that is requesting the reconsideration needs to show that:

The appellate decision involved a clearly erroneous interpretation of material fact or law
Or the decision will have a substantial impact on the policies, practices, or operations of the agency. 29 C.F.R. § 1614.405(c)(1) – (2).

As you can imagine, it is not easy to establish either of these elements.

In order to beg in the request for reconsideration, a brief, with any supporting statements, must be filed with the Office of Federal Operations (OFO) within thirty (30) days of the receipt of the decision. It is important to establish at least one of the two elements established above. A brief or statement in opposition, generally filed by the Agency, must be filed within twenty (20) days of the request. Failure to provide proof of service or submit comments within the time frame will result in the request being denied or not considered.

The decision on the request for reconsideration is final. This means that the result of the decision is that there is no further right by either party to request reconsideration. If the decision remands the case for further consideration, the parties will retain the rights of appeal and reconsideration for subsequent decisions.

Requests for reconsideration must be specific as well as timely. Please check with our office or legal counsel to ensure that you are able to make a request for reconsideration.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in OFO matters such as these, and are willing and able to assist you in your federal employment legal matters.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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