| Comment Number: | OL-8600000 |
| Received: | 2/14/2005 1:01:31 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:
Greetings: I am concerned with the provision to reduce the time scale for appeals and at the same time deny the successful appellant attorney fees. I believe that if an unfair action is taken against an individual, the advice of a knowledgeable attorney will be absolutely necessary in setting it right. If the action is found to be fair, the individual will suffer the dual penalty of adverse action and financial loss due to attorney fees. BUT, if the action is found to be deficient, and reversed, there is no reason to expect, or require as the proposed change does, that the successful appellant prove an almost impossible standard to collect appropriate fees. The wording suggests that this change will preclude "a chilling" affect on the government. I believe it should. There should be no case where the government takes such extreme action without the strongest case and knowledge. To expect and accept less is unacceptable, to all involved. The subject paragraph: Page 7568 Federal Register, 14 Feb 2005, or page 18 of 53 in Adobe file "Notice[1].pdf".