Comment Number: 05-02582-EREG-62-d7391-c32004
Received: 2/25/2005 8:00:00 AM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
No Attachments

Comments:

Comments on proposed regulations for the
Department of Defense National Security Personnel System
RIN 3206AK76/0790-AH82
9901.807
The length of this is section is awful. It goes on and on and on and on and on--5 full columns. Surely it can be broken up so it is easier for us. Use internal centered headings like subparts B, C, and E do. Below is a more helpful outline.

Subpart H--Appeals

GENERAL

9901.801--Purpose
9901.802--Applicable legal standards and precedents
9901.803--Waivers
9901.804--Definitions

COVERAGE

9901.811--CoverageActions

ALTERNATIVE DISPUTE RESOLUTION

9901.821--Alternative Dispute Resolution

MERIT SYSTEMS PROTECTION BOARD

9901.831--Right to appeal
use first sentence of proposed 807(a)

9901.832--Right to representation
use second sentence of proposed 807(a) and 807(k)(2)

9901.833--Actions taken under 5 U.S.C. 7532
use third sentence of proposed 807(a)

9901.834--Operation of section 9901.831 through 9901.xxx
use proposed 807(b)(1)

9901.835--Responsibility of MSPB and Administrative Judge
use proposed 807(b)(2)

9901.836--Interim relief/stay of action
use proposed 807(c)

9901.837--Standard of proof
use proposed 807(d)

9901.838--Expression of charge
use proposed 807(d)(2)

9901.839--Expression of performance expectation
use proposed 807(d)(3)

9901.840--OPM intervention or participation
use proposed 8007(e)

9901.841--Finality of MSPB decision
use proposed 807(f)

9901.842--Consolidation or joining of appeals
use proposed 807(g)

9901.843--Attorney fees
use proposed 807(h)

9901.844--Settlement discussions
use proposed 807(i)

9901.845--Effect of retirement on appeal rights
use proposed 807(j)

9901.846--Deadline for filing an appeal
use proposed 807(k)(1)

9901.847--Discovery
use proposed 807(k)(3)

9901.848--Request for case suspension
use proposed 807(k)(4)

9901.849--Administrative Judge discretion
use proposed 807(k)(5)

9901.850--Deference regarding penalty
use proposed 807(k)(6)

9901.851--Deadline for AJ decision
use proposed 807(k)(7)

9901.852--Finality of AJ decision and deadline to file Request for Review
use proposed 807(k)(8)(i)

9901.853--Finality of AJ decision and Petition for Review
use proposed 807(k)(8)(ii)sentences 1 and 2

9901.854--Opportunity to respond to Request for Review
use proposed 807(k)(8)(iii) introductory first sentence

9901.855--Review of AJ decision by Department
use proposed 807(k)(8)(ii)last sentence and (A) and (B)

9901.856--Department action
use proposed 807(k)(8)(iii)(A), (B), and (C)

9901.857--Right to file PFR after final DoD decision
use proposed 807(k)(9)

9901.858--Deadline to respond to PFR
use proposed 807(k)(10)

9901.859--Right of OPM to seek reconsideration of MSPB decision
use proposed 807(k)(11)

9901.860--Failure of MSPB to meet deadlines
use proposed 807(l)

9901.861--Judicial review
use proposed 807(m)

APPEALS OF MROs
9901.871--Appeals of mandatory removal actions
use proposed 808

DISCRIMINATION
9901.881--Actions involving discrimination
use proposed 809

SAVINGS PROVISION
9901.891--Savings provision
use proposed 810

ALTERNATIVE OUTLINE: You might consider moving the last three items to follow Alternative Dispute Resolution, in which case the outline would look like this:

GENERAL

9901.801--Purpose
9901.802--Applicable legal standards and precedents
9901.803--Waivers
9901.804--Definitions
9901.805--CoverageActions
9901.806--Alternative Dispute Resolution
9901.807--Appeals of mandatory removal actions (proposed 9901.808)
9901.808--Actions involving discrimination (proposed 9901.809
9901.809--Savings provision (proposed 9901.810)

MERIT SYSTEMS PROTECTION BOARD

[continue with MSPB outline from above]

YOU REALLY DO NEED TO MAKE EACH OF THE LONG SECTIONS (ESPECIALLY CHAPTERS 71, 75, and 77) MORE USER_FRIENDLY BY BREAKING THEM INTO SMALLER SECTIONS AND HAVING MORE/BETTER HEADINGS.