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5 CFR § 9701.703 - Definitions.

---
identifier: "/us/cfr/t5/s9701.703"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 9701.703 - Definitions."
title_number: 5
title_name: "Administrative Personnel"
section_number: "9701.703"
section_name: "Definitions."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM (DEPARTMENT OF HOMELAND SECURITY—OFFICE OF PERSONNEL MANAGEMENT)"
part_number: "9701"
part_name: "DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM"
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. 9701."
regulatory_source: "70 FR 5318, Feb. 1, 2005, unless otherwise noted."
cfr_part: "9701"
---

# 9701.703 Definitions.

In this subpart:

*Adjudicating official* means an administrative law judge, administrative judge, or other employee designated by MSPB to decide an appeal.

*Day* means calendar day.

*Harmful error* means error by the Department in the application of its procedures that is likely to have caused it to reach a conclusion different from the one it would have reached in the absence or cure of the error. The burden is on the appellant to show that the error was harmful, *i.e.*, that it caused substantial harm or prejudice to his or her rights.

*Mandatory removal offense (MRO)* means an offense that the Secretary determines in his or her sole, exclusive, and unreviewable discretion has a direct and substantial adverse impact on the Department's homeland security mission.

*Mandatory Removal Panel (MRP)* means the three-person panel composed of officials appointed by the Secretary for fixed terms to decide appeals of removals based on a mandatory removal offense.

*MSPB* means the Merit Systems Protection Board.

*Petition for review* means a request for review of an initial decision of an adjudicating official.

*Preponderance of the evidence* means the degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely to be true than untrue.