| Comment Number: | OL-10503897 |
| Received: | 3/8/2005 7:10:33 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:
The lack of authority provided to the Merit Systems Protection Board is a concern. The proposed regulation indicates the MSPB can change adverse action if the decision was found to be arbitrary and capricious, not lawful, or there is no evidence to support the decision. It doesn't appear the MSPB has authority to review the nature or severity of adverse action resulting from the decision.