92 STAT. 1142
PUBLIC LAW 95-454—OCT. 13, 1978
such provision is not supported by the evidence in the record as a whole— i " (i) reaffirm the initial decision of the Board; or "(ii) reaffirm the initial decision of the Board with such revisions as it determines appropriate. If the Board takes the action provided under paragraph (1), the decision of the Board shall be a judicially reviewable action. "(d)(1) If the Board takes any action under subsection (c)(2) of this section, the matter shall be immediately certified to a special panel described in paragraph (6) of this subsection. Upon certification, the Board shall, within 5 days (excluding Saturdays, Sundays, and holidays), transmit to the special panel the administrative record in the proceeding, including— " (A) the factual record compiled under this section, "(B) the decisions issued by the Board and the Commission under this section, and
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"(C) any transcript of oral arguments made, or legal briefs ' filed, before the Board or the Commission. "(2)(A) The special panel shall, within 45 days after a matter has been certified to it, review the administrative record transmitted to it and, on the basis of the record, decide the issues in dispute and issue a final decision which shall be a judicially reviewable action. "(B) The special panel shall give due deference to the respective expertise of the Board and Commission in making its decision. "(3) The special panel shall refer its decision under paragraph (2) of this subsection to the Board and the Board shall order any agency to take any action appropriate to carry out the decision. "(4) The special panel shall permit the employee or applicant who brought the complaint and the employing agency to appear before the panel to present oral arguments and to present written arguments with respect to the matter. "(5) Upon application by the employee or applicant, the Commission may issue such interim relief as it determines appropriate to mitigate any exceptional hardship the employee or applicant might otherwise incur as a result of the certification of any matter under this subsection, except that the Commission may not stay, or order any agency to leview on an interim basis, the action referred to in subsection (a)(1) of this section. Special panel. "(6)(A) Each time the Board takes any action under subsection (c)(2) of this section, a special panel shall be convened which shall consist of— "(i) an individual appointed by the President, by and with the advice and consent of the Senate, to serve for a term of 6 years as chairman of the special panel each time it is convened; "(ii) one member of the Board designated by the Chairman of the Board each time a panel is convenecf; and "(iii) one member of the Commission designated by the Chairman of the Commission each time a panel is convened. The chairman of the special panel may be removed by the President only for inefficiency, neglect of diity, or malfeasance in office. "(B) The chairman is entitled to pay at a rate equal to the maxi5 USC 5332 note, mum annual rate of basic pay payable under the General Schedule for each day he is engaged in the performance of official business on the work of the special panel. Administrative "{C) The Board and the Commission shall provide such adminisassistance. trative assistance to the special panel as may be necessary and, to the extent practicable, shall equally divide the costs of providing the administrative assistance.
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