| Comment Number: | OL-10507198 |
| Received: | 3/14/2005 9:24:41 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:
Sections 9901.805, 808 Appellate procedures – The appellate procedures of MSPB are modified substantially. The appeal filing deadline is shortened from 30 to 20 days. Neither party to an appeal may unilaterally file for additional time to pursue discovery or settlement. Either party can ask MSPB to limit discovery because the information is privileged; not relevant; unreasonably cumulative or duplicative; or can be gotten somewhere else more easily. The proposed rules also limit interrogatories, depositions, and other means for gathering facts. Employees will not be afforded interim relief or stays of actions unless ordered by the full MSPB, not just an administrative judge. Even if the full MSPB orders an employee back to work, the Department has the sole, exclusive, and unreviewable authority to place the employee in an alternative position or on excused absence pending final disposition of the case. What is the justification for all these changes?