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Keywords

settlementcompliance
compliance

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Santos v. U.S. Postal Service

Facts

Angel W. Santos, representing himself, filed a petition for review after the Merit Systems Protection Board denied his request to enforce a settlement agreement with the United States Postal Service. The initial decision by the Administrative Judge became final when the Board denied Santos' petition for review. Santos contended that he did not receive the agency's response or compliance evidence before the AJ's decision, which he argued constituted a procedural flaw.

Santos contended that he did not receive the agency's response or compliance evidence before the AJ's decision, which he argued constituted a procedural flaw.

Issue

Did the Merit Systems Protection Board err in denying Santos' petition for enforcement of his settlement agreement due to procedural flaws related to non-receipt of evidence?

Santos argues that the AJ's decision was procedurally flawed, because Santos never had an opportunity to rebut the agency's response or compliance evidence as he did not receive either before the AJ's decision.

Rule

If a party has not had the opportunity to rebut evidence presented against them, and this challenge is timely and supported as required by Board procedures, the proceeding must be reopened for due consideration.

We hold that if that challenge is still timely and can be supported as required by Board procedures, the proceeding on the enforcement petition before the AJ must be reopened.

Analysis

The court determined that Santos' argument regarding non-receipt of the agency's compliance evidence was valid, as he had not been given the chance to respond to it before the AJ's decision. This procedural oversight meant that there had not been a proper adjudication of his challenge. Therefore, the court held that the enforcement petition proceedings must be reopened to allow for consideration of Santos' claims.

This argument was not, and, if Santos is correct, could not have been, before the AJ, and the Board denied the petition for review without opinion.

Conclusion

The court vacated the Board's decision and remanded the case for further proceedings to address Santos' non-receipt argument.

We therefore remand to the Board for due consideration (or remand to the AJ for such consideration) of Santos' non-receipt argument.

Who won?

Santos prevailed in the case as the court recognized the procedural flaw in the Board's handling of his petition, leading to a remand for further consideration.

Santos prevailed in the case as the court recognized the procedural flaw in the Board's handling of his petition, leading to a remand for further consideration.

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