5 CFR § 1201.103 - Placing communications in the record; sanctions.

---
identifier: "/us/cfr/t5/s1201.103"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 1201.103 - Placing communications in the record; sanctions."
title_number: 5
title_name: "Administrative Personnel"
section_number: "1201.103"
section_name: "Placing communications in the record; sanctions."
chapter_name: "MERIT SYSTEMS PROTECTION BOARD"
subchapter_number: "A"
subchapter_name: "ORGANIZATION AND PROCEDURES"
part_number: "1201"
part_name: "PRACTICES AND PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted."
regulatory_source: "54 FR 53504, Dec. 29, 1989, unless otherwise noted."
cfr_part: "1201"
---


# 1201.103 Placing communications in the record; sanctions.

(a) Any communication made in violation of § 1201.102 of this part will be made a part of the record. If the communication was oral, a memorandum stating the substance of the discussion will be placed in the record.

(b) If there has been a violation of § 1201.102 of this part, the judge or the Clerk of the Board, as appropriate, will notify the parties in writing that the regulation has been violated, and will give the parties 10 days to file a response.

(c) The following sanctions are available:

(1) *Parties.* The offending party may be required to show why, in the interest of justice, the claim or motion should not be dismissed, denied, or otherwise adversely affected.

(2) *Other persons.* The Board may invoke appropriate sanctions against other offending parties.

[54 FR 53504, Dec. 29, 1989, as amended at 70 FR 30609, May 27, 2005]