5 CFR §1209.10
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Hearing. The judge may hold a hearing on the stay request.
- (b)Order ruling on stay request.
- (1)The judge must rule upon the stay request within 10 days (excluding Saturdays, Sundays, and Federal holidays) after the request is received by the appropriate Board regional or field office.
- (2)The judge's ruling on the stay request must set forth the factual and legal bases for the decision. The judge must decide whether there is a substantial likelihood that the appellant will prevail on the merits of the appeal, and whether the stay would result in extreme hardship to the agency.
- (3)If the judge grants a stay, the order must specify the effective date and duration of the stay.