Background
Bryan Joseph Bernstein petitioned for review of a Merit Systems Protection Board decision in case number CH-0831-25-1194-I-1. The Board had previously dismissed Bernstein’s appeal. The Board moved to waive certain filing requirements and requested a remand to allow an administrative judge to reconsider the dismissal.
The court’s reasoning
The court stated that it is within its discretion to remand a case to allow an agency to reconsider its previous position. Citing SKF USA Inc. versus United States, the court agreed that remanding here could preserve party and judicial resources. The court made no conclusions regarding the merits of the parties’ arguments.
What it means going forward
The case is sent back to the Merit Systems Protection Board to reconsider its decision on the dismissal of Bernstein’s appeal consistent with the court’s order. Each side shall bear its own costs.
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