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B-195347,B-195348 1 (1982-05-26)

handle is hein.gao/gaobadkih0001 and id is 1 raw text is: WO 9 t THE COMPT OLLER o 'NERAl/r(/, / D~CIIDN~tt04Pa THL-aUNIT1313STATEU1 WAS H IN GTO N, DC S0* 054013 FIt.E; f-195347/B-195348 DATE; May 260 1982 MATTER OF: Reconside-ation of MS3PB's aut)rity to accept reimbursement for hearing officers travel exfenses. DIGEST: In view of the Merit Systems Protection Board's statutory responsibility to provide appeals hearings, and absent any specifiv authority to the contrary, there is no authority for the MSPf to accept reim- bursement for the travel expenses of its hearing officers, nor is there any authority for the employing agencies to use their appropriatiols foc this purpose. 59 Ocmp. en. 415 (1980), Which held that IISPB may not accept payments from other ayencies or augment its appropriations by accepting donations from employees or unions, is affirmed. We have been asked to reconsider our devision t, 59 Ccmp. Gon. 415 (1900). In that decision, we held t) at the uerit Systews Protectitrs Board (MSPB) is prohibited from accepting reimbursement from Federal agencies, employees, or employees' unions for the travel exjwnses of tL3PB huIaring officers, For the reasons discussed bela, we conclude that YS9Ccmp. Gen. 415 must be upheld.. By statute, the Merit Systems protection Board is responsible for the adjudication of Federal employees' appeals from agency per- sonnel actions, The Civil Service Reform Act of 1976 euthorizes tiSPB, as successor to the Civil Service Canission, to hear, adjudicate, or provide for the hearing or adjudication of all matters within its jurisdiction (5 U.S.C. § 1205(a)(1)). Further, 5 U.S.C. § 7701 pro- vides that a Federal employee or applicant for Federal eployment may submit an apeal to MSPII from any action appealable to the Board under any law, rule, or regulation, and that such an appellant has a right to a hearing. The location of these hearings is not specified by statuite, In our 1980 decision, we: noted that the Board, under its general author- ity to prescribe regulations necessary for the performance of its functions (5 U.S.C..f 1205(g)), appears to have inherent authority to determine where hearings are to be held. 59 Ccmp. oGen. at 416. It has been MSPB's preferred practice to conduct appeals hearings in the appellant's home area. Because the employing agency and wit- nesses for both the appellant and the agency are typically located in the same general area, the entire apvals process is, quite logically, less time consuming and more cost-efficient if conducted in that area. pp, I

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