# Determining the Appropriate Penalty for Federal Employees Charged With Misconduct

**Action Urgency Score:** 30/100

| Field | Value |
|---|---|
| Agency | Merit Systems Protection Board |
| Type | Final rule |
| Action | Final rule. |
| Published | 2026-09-03 |
| Effective | 2026-10-05 |
| Significant | No |
| CFR parts | 5 CFR 1201 |
| Summary | The Merit Systems Protection Board (MSPB or Board) is issuing a final rule amending its regulations governing the Board's review of the reasonableness of an agency's chosen penalty in misconduct-based adverse actions appealed to the Board. Under the final rule, the Board will no longer require consideration of the 12 factors set forth in Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981), in every case. Instead, the Board will evaluate whether the agency's penalty is within the tolerable limits of reasonableness in light of the totality of the circumstances, determined on a case-by-case |
| Document number | 2026-18061 |

## Why this score
- Final rule.

Source: Federal Register API (Office of the Federal Register) (https://www.federalregister.gov/documents/2026/09/03/2026-18061/determining-the-appropriate-penalty-for-federal-employees-charged-with-misconduct). Last refreshed: 2026-11-04T09:17:43.641Z.
Data from the Federal Register API; the published Federal Register document is authoritative. Informational only, not legal advice.