What actions may administrative judges take on appeals?
The initial decision of the administrative judge may dismiss the appeal if the matter is not within the Board’s jurisdiction or if the appeal was not filed within the required time limit and good cause for the untimely filing is not shown. Appeals that are not dismissed may be settled voluntarily by the parties. If the parties wish to have the settlement agreement enforceable by the Board, they must ask the administrative judge to enter the agreement into the record. In appeals that are decided on the merits (not dismissed or settled), the decision of the administrative judge may affirm the agency’s action, reverse the action, or–in certain cases–mitigate (modify) the penalty imposed by the agency.
