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OSC Issues New Hatch Act Advisory Opinion Clarifying Jurisdiction Over Former Federal Employees

December 22, 2025

hatch act

The U.S. Office of Special Counsel (OSC) has issued a new Hatch Act Advisory Opinion clarifying its jurisdiction to enforce the Hatch Act against former federal employees for Hatch Act violations committed during their federal service.

In an April 2025 Advisory Opinion, OSC announced it would temporarily refrain from filing new complaints with the U.S. Merit Systems Protection Board (MSPB) against former federal employees for such violations. This pause was intended to allow time for the MSPB to determine whether it had jurisdiction over such complaints.

Since then, an MSPB Administrative Law Judge has confirmed that the Board does have jurisdiction over Hatch Act complaints filed against former employees. Accordingly, OSC will resume filing complaints with the MSPB in cases involving alleged Hatch Act violations by individuals who have since left federal service. As always, OSC will exercise its discretion based on the specific circumstances of each case.

A note has been added to the April 2025 Advisory Opinion to reflect this update.

For further information or questions regarding this advisory opinion, please contact OSC's Hatch Act Unit at (202) 804-7002 or via email at hatchact@osc.gov.

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