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5 U.S.C. 7134; § 2429.18 also issued under 28 U.S.C. 2112(a).
45 FR 3516, Jan. 17, 1980, unless otherwise noted.
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The Authority will not consider any evidence, factual assertions, arguments (including affirmative defenses), requested remedies, or challenges to an awarded remedy that could have been, but were not, presented in the proceedings before the Administrative Law Judge or arbitrator. The Authority may, however, take official notice of such matters as would be proper.
[91 FR 13948, Mar. 24, 2026]