Rocha v. Merit Sys. Protection Bd., No. 12-3087 (Fed. Cir. 2012)
Annotate this CaseIn 2008, Rocha was appointed to an excepted service position at the State Department. By letter (July, 2010), the Department informed Rocha that his appointment would soon expire and that the agency would not convert his appointment into a career or career-conditional position. An administrative judge concluded that the board had no jurisdiction over Rocha’s appeal because he was serving under an excepted service appointment in the Federal Career Intern Program. Rocha was informed by the administrative judge that the decision would become final on December 15, 2010. The initial decision was served upon Rocha by email; he had consented to electronic filing. On June 3, 2011, Rocha filed a petition with the board, which informed Rocha that his petition was untimely and that it would consider the merits only if he established good cause for untimely filing. In response, Rocha asserted that he never received notification that his case had been dismissed. On December 22, the board dismissed, noting that its regulations require an e-filer to monitor case activity at e-Appeal Online to ensure receipt of all documents. Rocha presented no evidence of circumstances beyond his control that affected his ability to comply with time limits. The Federal Circuit affirmed.
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