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5 CFR § 1209.13 - Referral of findings to the Special Counsel.

---
identifier: "/us/cfr/t5/s1209.13"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 1209.13 - Referral of findings to the Special Counsel."
title_number: 5
title_name: "Administrative Personnel"
section_number: "1209.13"
section_name: "Referral of findings to the Special Counsel."
chapter_name: "MERIT SYSTEMS PROTECTION BOARD"
subchapter_number: "A"
subchapter_name: "ORGANIZATION AND PROCEDURES"
part_number: "1209"
part_name: "PRACTICES AND PROCEDURES FOR APPEALS AND STAY REQUESTS OF PERSONNEL ACTIONS ALLEGEDLY BASED ON WHISTLEBLOWING OR OTHER PROTECTED ACTIVITY"
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, 1221, 2302(b)(8) and (b)(9)(A)(i), (B), (C), or (D), and 7701."
regulatory_source: "55 FR 28592, July 12, 1990, unless otherwise noted."
cfr_part: "1209"
---

# 1209.13 Referral of findings to the Special Counsel.

When the Board determines in a proceeding under this part that there is reason to believe that a current Federal employee may have committed a prohibited personnel practice described at 5 U.S.C. 2302(b)(8) or (b)(9)(A)(i), (B), (C), or (D), the Board will refer the matter to the Special Counsel to investigate and take appropriate action under 5 U.S.C. 1215.

[78 FR 39548, July 2, 2013]