| Comment Number: | OL-10512161 |
| Received: | 3/16/2005 10:47:07 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:
Agency: Department of Commerce, National Processing Center Docket ID: NSPS-2005-001 RIN #: 3206-Ak76 Subpart H -- Appeals Section 9901.807 Appellate Procedure Part (b)(2) According to this procedure, the Administrative Judge for MSPB must make a decision at the end of the review period. This says nothing about the employee having the opportunity for a hearing in front of this judge at which time the employee could produce evidence that could prove that the employee is innocent of any wrong doing. At what point did these judges become uncapable of making appropriate decision regarding the appeals filed by employees? When did DoD become self sufficient from the rest of the government, that they can dictate when and how an AJ will handle any and all appeals filed by DoD employees and then have them sent back to be heard by a board that is appointed by the head of that Department? There is no reason for this Department to think or act any differently than the rest of the federal government in dealing with appeals to MSPB. This is a protect afforded to federal employees and should not be differed from or set aside for a board the is appoint by the Secretary.