5 CFR 1201.171 : Administrative Personnel (§ 1.1 To Parts 10003-10049) — (§ 1200.1 To Parts 10003-10049) — Merit Systems Protection Board (§ 1200.1 To Parts 1217-1299) — Organization And Procedures (§ 1200.1 To Parts 1217-1299) — Practices And Procedures (§ 1201.1 To Appendix Iv To Part 1201) — Procedures For Cases Involving Allegations Of Discrimination (§ 1201.151 To § 1201.175) — Special Panel (§ 1201.171 To § 1201.175) — Referral of case to Special Panel.

If the Board reaffirms its decision under § 1201.162(a)(2) of this part with or without modification, it will certify the matter immediately to a Special Panel established under 5 U.S.C. 7702(d). Upon certification, the Board, within 5 days (excluding Saturdays, Sundays, and Federal holidays), will transmit the administrative record in the proceeding to the Chairman of the Special Panel and to the Commission. That record will include the following:

(a) The factual record compiled under this section, which will include a transcript of any hearing;

(b) The decisions issued by the Board and the Commission under 5 U.S.C. 7702; and

(c) A transcript of oral arguments made, or legal briefs filed, before the Board or the Commission.