(a) Relief ordered in a final Commission decision, if
accepted pursuant to section 268.405(c) as a final decision, or not
acted upon the Board within the time periods of section 268.405(c),
is mandatory and binding on the Board except as provided in this section.
Failure to implement ordered relief shall be subject to judicial enforcement
as specified in section 268.503(f).
(b) Notwithstanding paragraph
(a) of this section, when the Board requests reconsideration and the
case involves removal, separation, or a suspension continuing beyond
the date of the request for reconsideration, and when the decision
orders retroactive restoration, the Board shall comply with the decision
to the extent of the temporary or conditional restoration of the employee
to duty status in the position specified by the Commission, pending
the outcome of the Board’s request for reconsideration.
(1) Service under the temporary- or
conditional-restoration provisions of this paragraph (b) shall be
credited toward the completion of a probationary or trial period or
the completion of the service requirement for career tenure, if the
Commission upholds its decision after reconsideration.
(2) When the Board requests reconsideration,
it may delay the payment of any amounts ordered to be paid to the
complainant until after the request for reconsideration is resolved.
If the Board delays payment of any amount pending the outcome of the
request to reconsider and the resolution of the request (including
under section 268.405(d)) requires the Board to make the payment,
then the Board shall pay interest from the date of the original appellate
decision until payment is made.
(3) The Board shall notify the Commission and the employee in writing
at the same time it requests reconsideration that the relief it provides
is temporary or conditional and, if applicable, that it will delay
the payment of any amounts owed but will pay interest as specified
in paragraph (b)(2) of this section. Failure of the Board to provide
notification will result in the dismissal of the Board’s request.
(c) When no request for reconsideration
or final decision under section 268.405(d) is filed or when a request
for reconsideration is denied, the Board shall provide the relief
ordered and there is no further right to delay implementation of the
ordered relief. The relief shall be provided in full not later than
120 days after receipt of the final decision unless otherwise ordered
in the decision.
