| Comment Number: | OL-10509776 |
| Received: | 3/15/2005 6:00:17 PM |
| 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:
Sec 9901.714(a) vs sec 9901.715(a). It seems unfair for a 15 period of advance notice to run concurrent with a 10 day period for reply. They should be consecutive, or at least clarify (since this was hopefully the intent), that the 10 day period begins upon employee receipt of an advance notice (regardless of when within the 15 day period the notice was received). It would seem the current wording allows the advance notice to be provided after the reply period has expired. Sec 9901.807(k)(6). Understanding the rationale of providing deference to the Department and limiting MSPB's ability to exercise "considerable latitude", it does not seem appropriate to limit mitigation to only circumstances "wholly without justification". There should be a process to review the level of action taken, especially where there is substantial reason to believe the action is excessive and a lesser action would not impact the Department's ability to execute its mission. Further, when there is a range of allowable actions, it is unreasonable that the "maximum justifiable penalty must be applied" when a penalty is mitigated. This seems contrary to the very nature of "mitigation".