5 CFR § 1201.140 - Judge; requirement for finding of good cause.

---
identifier: "/us/cfr/t5/s1201.140"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 1201.140 - Judge; requirement for finding of good cause."
title_number: 5
title_name: "Administrative Personnel"
section_number: "1201.140"
section_name: "Judge; requirement for finding of good cause."
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"
---


# 1201.140 Judge; requirement for finding of good cause.

(a) *Judge.* (1) An administrative law judge will hear an action brought by an employing agency under this subpart against a respondent administrative law judge.

(2) The judge will issue an initial decision pursuant to 5 U.S.C. 557. The applicable provisions of §§ 1201.111, 1201.112, and 1201.113 of this part govern the issuance of initial decisions, the jurisdiction of the judge, and the finality of initial decisions. The initial decision will be subject to the procedures for a petition for review by the Board under subpart C of this part.

(b) *Requirement for finding of good cause.* A decision on a proposed agency action under this subpart against an administrative law judge will authorize the agency to take a disciplinary action, and will specify the penalty to be imposed, only after a finding of good cause as required by 5 U.S.C. 7521 has been made.