Practices and Procedures, 30607-30609 [05-10652]
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Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations
3. Amend § 875.104 by revising the
first sentence of paragraph (c) to read as
follows:
I
§ 875.104 What are the steps required to
resolve a dispute involving benefit eligibility
or payment of a claim?
*
*
*
*
*
(c) If the Carrier upholds its denial (or
does not respond within 60 days), you
have the right to appeal its
reconsideration decision directly to the
Carrier.* * *
*
*
*
*
*
I 4. Amend § 875.201 by adding a new
sentence at the end of paragraph (a)(1)
and by adding a new paragraph (a)(3) to
read as follows:
§ 875.201 Am I eligible as a Federal civilian
or Postal Employee?
(a) * * *
(1) * * * There is a related exception,
however: D.C. government employees
and retirees who were first employed by
the D.C. government before October 1,
1987 are eligible to apply for coverage.
*
*
*
*
*
(3) If you are a Non-Appropriated
Fund (NAF) employee or retiree you are
eligible to apply when the Secretary of
Defense determines such eligibility for
the NAF instrumentality that employs
you, and you will be treated the same
as a Federal civilian employee or retiree
(as applicable) under this Part.
*
*
*
*
*
I 5. Amend § 875.202 by revising the last
sentence to read as follows:
§ 875.202 Am I eligible as a Federal
annuitant?
* * * Separated Federal employees
with title to a deferred annuity may
apply for coverage, even if they are not
yet receiving that annuity.
I 6. Amend § 875.205 by adding a
paragraph (c) to read as follows:
§ 875.205 Am I eligible as a retired member
of the uniformed services?
*
*
*
*
*
(c) You are eligible to apply for
coverage as a retired (‘‘grey’’) reservist,
even if not yet receiving retirement pay.
I 7. Amend § 875.206 by:
I a. Remove the words ‘‘Federal civilian
or Postal employee or member of the
uniformed service’’ wherever they
appear in the section and add, in their
place, ‘‘active workforce member’’; and
I b. Revise the section title and
paragraphs (a) and (c) to read as follows:
§ 875.206 As a new active workforce
member when may I apply?
(a) As a new, newly eligible, or
returning active workforce member, you
may apply as follows:
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(1) If you are a new active workforce
member entering a position that conveys
eligibility, you may apply for coverage
within 60 days after becoming eligible.
(2) If you are entering a position that
conveys eligibility as an active
workforce member from a position that
did not convey eligibility, you may
apply for coverage within 60 days after
becoming eligible.
(3) If you return to active service after
a break in service of 180 days or more
to a position that conveys eligibility,
you may apply for coverage within 60
days after becoming eligible.
*
*
*
*
*
(c) The underwriting requirements
that will be required will be those
applicable to active workforce members
and their spouses during the last open
season for enrollment before the date of
your application.
*
*
*
*
*
I 8. Amend § 875.208 by adding a new
sentence at the end of the paragraph to
read as follows:
§ 875.208 May I apply as a qualified
relative if the person on whom I am basing
my eligibility status has died?
* * * In this case, your adult
children and your current spouse are
also considered to be qualified relatives.
I 9. Revise § 875.211 to read as follows:
§ 875.211 What happens if my eligibility
status changes after I submit my
application?
(a) If you applied as an active
workforce member, and separate from
service under the MRA+10 provisions of
5 U.S.C. 8412(g), or retire after you
submit an application for coverage, but
before your coverage becomes effective,
you must reapply as an annuitant and
submit to full underwriting
requirements.
(b) If you applied as an active
workforce member, and otherwise
separate from service, but you are a
qualified relative of another workforce
member, you must reapply based on the
additional underwriting requirements
specified for that type of qualified
relative.
I 10. Amend § 875.402 by adding a new
paragraph (c) to read as follows:
§ 875.402
held?
When will open seasons be
*
*
*
*
*
(c) In situations where new eligibility
groups are added to the Program, and
OPM determines that it is appropriate to
have an open season, OPM will provide
notice and set the requirements for a
special open season limited to those
eligible individuals.
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30607
11. Amend § 875.403 by adding a new
sentence at the end of the paragraph to
read as follows:
I
§ 875.403 May I apply for coverage outside
of an open season?
* * * The only exceptions to the full
underwriting requirements outside of an
open season are described in § 875.206
and § 875.405.
I 12. Amend § 875.404 by revising
paragraph (b) (2) to read as follows:
§ 875.404 What is the effective date of
coverage?
*
*
*
*
*
(b) * * *
(2) If you are an active workforce
member and you are applying for
coverage under abbreviated
underwriting, you also must be actively
at work at least 1 day during the
calendar week immediately before the
week which contains your coverage
effective date for your coverage to
become effective. You must inform the
Carrier if you do not meet this
requirement. In the event you do not
meet this requirement, the Carrier will
issue you a revised effective date, which
will be the 1st day of the next month.
You also must meet the actively at work
requirement for any revised effective
date for coverage to become effective, or
you will be issued another revised
effective date in the same manner.
[FR Doc. 05–10642 Filed 5–26–05; 8:45 am]
BILLING CODE 6325–39–P
MERIT SYSTEMS PROTECTION
BOARD
5 CFR Parts 1200 and 1201
Practices and Procedures
AGENCY:
Merit Systems Protection
Board.
ACTION:
Final rule.
SUMMARY: The Merit Systems Protection
Board (MSPB or the Board) is amending
its rules relating to Board organization
in 5 CFR part 1200 to more accurately
reflect the Board’s staff organization and
functions. The Board is also amending
its rules of practice and procedure in 5
CFR part 1201 to correct statutory
references and to clarify certain matters.
DATES: Effective May 27, 2005.
FOR FURTHER INFORMATION CONTACT:
Bentley M. Roberts, Clerk of the Board,
Merit Systems Protection Board, 1615 M
Street, NW., Washington, DC 20419;
(202) 653–7200; fax: (202) 653–7130; or
e-mail: mspb@mspb.gov.
SUPPLEMENTARY INFORMATION: The Board
is amending its rules relating to Board
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Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations
organization in 5 CFR part 1200 and its
rules of practice and procedure in 5 CFR
part 1201 as follows:
1200.10(a)(8) and (b)(8) are amended
to reflect the fact that the Financial and
Administrative Management Division
has been re-designated as the Office of
Financial and Administrative
Management;
1200.10(a)(9) and (b)(9) are amended
to reflect the fact that the Information
Resources Management Division has
been re-designated as the Office of
Information Resources Management;
1200.10(b)(8) is amended to reflect the
fact that the Board’s accounting
functions are performed by the U.S.
Department of Treasury’s Bureau of
Public Debt instead of the U.S.
Department of Agriculture’s National
Finance Center;
1201.3(a)(2) is amended to correct a
statutory reference by amending ‘‘5
U.S.C. 7512’’ to read ‘‘5 U.S.C. 7511–
7514’’;
1201.3(a)(19) is amended by adding
the word ‘‘and’’ at the end of the
paragraph;
1201.3(a)(20) is deleted because 5
U.S.C. 3592(a)(3) was repealed in Pub.
L. 107–296, Title XIII,
§ 1321(a)(2)(A)(iii), Nov. 25, 2002, 116
Stat. 2297;
1201.3(a)(21) is re-designated as
(a)(20) and is amended to correct a
statutory reference by deleting ‘‘22
U.S.C. 4011’’ and replacing it with ‘‘22
U.S.C. 4010a’’;
1201.53(c) is amended to clarify that
the Clerk of the Board has authority to
rule on requests for exceptions to the
payment of costs for a hearing tape
recording or transcript made after the
initial decision is issued;
1201.56(a)(1)(i) is amended to delete a
reference to 5 U.S.C. 3592(a)(3) as that
statute was repealed by Pub. L. 107–296,
Title XIII, § 1321(a)(2)(A)(iii), Nov. 25,
2002, 116 Stat. 2297;
1201.81(a) is amended to clarify the
extent of the Board’s subpoena authority
under 5 U.S.C. 1204(b)(2)(A);
1201.103(c) is amended to delete a
reference to the Board’s standards of
conduct (the Board has no such
standards of conduct);
1201.112(a) is amended to clarify that
judges do not have authority to rule on
requests for exceptions to the payment
of costs for a hearing tape recording or
transcript made after the initial decision
is issued;
1201.125(c)(1) is amended to add a
reference to 5 U.S.C. 7323; and
1201.126(c) is amended to be more
clear and to add references to 5 U.S.C.
7323 and 7324.
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List of Subjects
paragraphs (a)(2), (a)(19), and (a)(20) to
read as follows:
5 CFR Part 1200
§ 1201.3
MSPB organization.
Appellate jurisdiction.
(a) * * *
5 CFR Part 1201
(2) Removal, reduction in grade or
pay, suspension for more than 14 days,
Administrative practice and
or furlough for 30 days or less for cause
procedure, Civil rights, Government
that will promote the efficiency of the
employees.
service. (5 CFR part 752, subparts C and
I Accordingly, the Board amends 5 CFR
D; 5 U.S.C. 7511–7514);
parts 1200 and 1201 as follows:
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*
*
*
*
(19) Employment practices
PART 1200—[AMENDED]
administered by the Office of Personnel
I 1. The authority citation for subpart B
Management to examine and evaluate
of part 1200 continues to read as follows: the qualifications of applicants for
appointment in the competitive service
Authority: 5 U.S.C. 1204(h) and (j).
(5 CFR 300.104); and
I 2. Section 1200.10 is amended by
(20) Reduction-in-force action
revising paragraphs (a)(8), (a)(9), (b)(8),
affecting a career or career candidate
and (b)(9) to read as follows:
appointee in the Foreign Service (Pub.
§ 1200.10 Staff organization and functions. L. 103–236, § 181(a)(2), to be codified at
22 U.S.C. 4010a).
(a) * * *
*
*
*
*
*
(8) Office of Financial and
I 5. Section 1201.53 is amended by
Administrative Management.
revising paragraph (c) to read as follows:
(9) Office of Information Resources
Management.
§ 1201.53 Record of proceedings.
(b) * * *
*
*
*
*
*
(8) Office of Financial and
(c) Exceptions to payment of costs. A
Administrative Management. The Office
party may not have to pay for a hearing
of Financial and Administrative
tape recording or written transcript if he
Management administers the budget,
has a good reason to support a request
accounting, procurement, property
for an exception. If a party believes he
management, physical security, and
has a good reason and the request is
general services functions of the Board.
made before the judge issues an initial
It also develops and coordinates internal
decision, the party must send the
management programs and projects,
request for an exception to the judge. If
including review of internal controls
the request is made after the judge
agencywide. It performs certain
issues an initial decision, the request
personnel functions, including policy,
must be sent to the Clerk of the Board,
training, drug testing, and the Employee
who shall have authority to grant or
Assistance Program. It also administers
deny such requests. The party must
the agency’s cross-servicing
clearly state the reason for the request
arrangements with the U.S. Department
in an affidavit or sworn statement.
of Treasury’s Bureau of Public Debt for
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*
*
*
*
accounting services and with the U.S.
I 6. Section 1201.56 is amended by
Department of Agriculture’s National
revising paragraph (a)(1)(i) to read as
Finance Center for payroll and
follows:
personnel action processing services
and with the U.S. Department of
§ 1201.56 Burden and degree of proof;
Agriculture’s APHIS Business Services
affirmative defenses.
for most human resources management
(a) * * *
services.
(1) * * *
(9) Office of Information Resources
(i) It is brought under 5 U.S.C. 4303
Management. The Office of Information
or 5 U.S.C. 5335 and is supported by
Resources Management develops,
substantial evidence; or
implements, and maintains the Board’s
*
*
*
*
*
automated information systems.
I 7. Section 1201.81 is amended by
*
*
*
*
*
revising paragraph (a) to read as follows:
PART 1201—[AMENDED]
§ 1201.81
3. The authority citation for part 1201
continues to read as follows:
I
Authority: 5 U.S.C. 1204 and 7701.
4. Section 1201.3 is amended by
deleting paragraph (a)(21) and revising
I
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Requests for subpoenas.
(a) Request. Parties who wish to
obtain subpoenas that would require the
attendance and testimony of witnesses,
or subpoenas that would require the
production of documents or other
evidence under 5 U.S.C. 1204(b)(2)(A),
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Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations
should file their motions for those
subpoenas with the judge. The Board
has authority under 5 U.S.C.
1204(b)(2)(A) to issue a subpoena
requiring the attendance and testimony
of any individual regardless of location
and for the production of documentary
or other evidence from any place in the
United States, any territory or
possession of the United States, the
Commonwealth of Puerto Rico or the
District of Columbia. Subpoenas are not
ordinarily required to obtain the
attendance of Federal employees as
witnesses.
*
*
*
*
*
I 8. Section 1201.103 is amended by
deleting paragraph (c)(3) and revising
paragraph (c)(2) to read as follows:
§ 1201.103 Placing communications in the
record; sanctions.
*
*
*
*
*
(c) * * *
(2) Other persons. The Board may
invoke appropriate sanctions against
other offending parties.
I 9. Section 1201.112 is amended by
revising paragraph (a) to read as follows:
§ 1201.112
Jurisdiction of the judge.
(a) After issuing the initial decision,
the judge will retain jurisdiction over a
case only to the extent necessary to:
(1) Correct the transcript; when one is
obtained;
(2) Rule on a request by the appellant
for attorney fees, consequential
damages, or compensatory damages
under subpart H of this part;
(3) Process any petition for
enforcement filed under subpart F of
this part;
(4) Vacate an initial decision before
that decision becomes final under
§ 1201.113 in order to accept a
settlement agreement into the record.
*
*
*
*
*
I 10. Section 1201.125 is amended by
revising paragraph (c)(1) to read as
follows:
§ 1201.125
Administrative law judge.
*
*
*
*
*
(c) * * *
(1) In a Special Counsel complaint
seeking disciplinary action against a
Federal or District of Columbia
government employee for a violation of
5 U.S.C. 7323 or 7324, where the
administrative law judge finds that the
violation does not warrant removal, the
administrative law judge will issue a
recommended decision to the Board in
accordance with 5 U.S.C. 557.
*
*
*
*
*
I 11. Section 1201.126 is amended by
revising paragraph (c) to read as follows:
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§ 1201.126
Final decisions.
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*
(c) In any Hatch Act action in which
the administrative law judge, or the
Board on petition for review, finds that
a Federal or District of Columbia
government employee has violated 5
U.S.C. 7323 or 7324 and that the
violation warrants removal, the
administrative law judge, or the Board
on petition for review, will issue a
written decision ordering the
employee’s removal. If the
administrative law judge finds a
violation of 5 U.S.C. 7323 or 7324 and
determines that removal is not
warranted, the judge will issue a
recommended decision under
§ 1201.125(c)(1) of this part. If the Board
finds a violation of 5 U.S.C. 7323 or
7324 and determines by unanimous vote
that the violation does not warrant
removal, it will impose instead a
penalty of not less than 30 days
suspension without pay. If the Board
finds by majority vote that the violation
warrants removal, it will order the
employee’s removal.
Bentley M. Roberts, Jr.,
Clerk of the Board.
[FR Doc. 05–10652 Filed 5–26–05; 8:45 am]
BILLING CODE 7400–01–P
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
Revision of Delegations of Authority
Department of Agriculture.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document amends the
delegations of authority from the
Secretary of Agriculture in order to
reflect the Secretary’s designation of the
General Counsel as the Department
official responsible for delegating the
authority to other Department heads for
considering, ascertaining, adjusting,
determining, compromising, and
settling, pursuant to the Federal Tort
Claims Act (FTCA) and regulations of
the Attorney General, claims less than
$2500 that allege the negligence or
wrongful act of an employee of a certain
agency.
DATES: Effective May 27, 2005.
FOR FURTHER INFORMATION CONTACT:
Kenneth E. Cohen, Assistant General
Counsel, General Law Division, Office
of the General Counsel, Department of
Agriculture, Room 3311–S, Washington,
DC 20250, telephone 202–720–5565.
PO 00000
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Under 28.
U.S.C. 2672 of the FTCA, the head of
each Federal agency, including the
Secretary of Agriculture, is able to
adjudicate FTCA claims brought against
his or her respective agency.
Furthermore, the FTCA states that an
agency may effect a settlement equal to
or less than $25,000, without the ‘‘prior
written approval of the Attorney
General or his designee.’’ Through 7
CFR 2.31, the Secretary of Agriculture
has delegated to the General Counsel the
authority to ‘‘[c]onsider, ascertain,
adjust, determine, compromise, and
settle claims pursuant to the Federal
Tort Claims Act, as amended (28 U.S.C.
2671–2680), and the regulations of the
Attorney General contained in 28 CFR
part 14* * *’’
The National Performance Review
(NPR) determined that this limited
delegation posed a barrier to the
efficiency and cost-effectiveness of the
USDA. Pursuant to the
recommendations of NPR, on September
11, 1996, the Secretary of Agriculture
enacted a pilot program, created under
Secretary’s Memorandum 1030-29, by
delegating to the Assistant Secretary for
Marketing and Regulatory Programs and
the Administrator of APHIS the
authority to adjudicate claims under
$2500 submitted pursuant to the FTCA.
The pilot program proved to be highly
successful. During this program,
adjudication time for this type of FTCA
claim was reduced from a period of
three to six months to less than two
weeks. Additionally, payment
processing time was reduced from ten
days to as little as one day.
Based on the success of this pilot
program, the delegations of authority of
the Department of Agriculture are
amended so that the General Counsel is
now able to delegate the authority to
another agency head to consider,
ascertain, adjust, determine,
compromise, and settle, pursuant to the
FTCA and regulations of the Attorney
General, claims less than $2500 that
allege the negligence or wrongful act of
an employee of a particular USDA
agency.
This rule relates to internal agency
management. Therefore, pursuant to 5
U.S.C. 553, notice of proposed rule
making and opportunity for comment
are not required and this rule may be
made effective less than 30 days after
publication in the Federal Register.
Further, since this rule relates to
internal agency management, it is
exempt from the provisions of Executive
Order 12988 and Executive Orders
12866, amended by Executive Order
13258. In addition, this action is not a
rule as defined by the Regulatory
SUPPLEMENTARY INFORMATION:
*
30609
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]]>Agencies
[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Rules and Regulations]
[Pages 30607-30609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10652]
=======================================================================
-----------------------------------------------------------------------
MERIT SYSTEMS PROTECTION BOARD
5 CFR Parts 1200 and 1201
Practices and Procedures
AGENCY: Merit Systems Protection Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is
amending its rules relating to Board organization in 5 CFR part 1200 to
more accurately reflect the Board's staff organization and functions.
The Board is also amending its rules of practice and procedure in 5 CFR
part 1201 to correct statutory references and to clarify certain
matters.
DATES: Effective May 27, 2005.
FOR FURTHER INFORMATION CONTACT: Bentley M. Roberts, Clerk of the
Board, Merit Systems Protection Board, 1615 M Street, NW., Washington,
DC 20419; (202) 653-7200; fax: (202) 653-7130; or e-mail:
mspb@mspb.gov.
SUPPLEMENTARY INFORMATION: The Board is amending its rules relating to
Board
[[Page 30608]]
organization in 5 CFR part 1200 and its rules of practice and procedure
in 5 CFR part 1201 as follows:
1200.10(a)(8) and (b)(8) are amended to reflect the fact that the
Financial and Administrative Management Division has been re-designated
as the Office of Financial and Administrative Management;
1200.10(a)(9) and (b)(9) are amended to reflect the fact that the
Information Resources Management Division has been re-designated as the
Office of Information Resources Management;
1200.10(b)(8) is amended to reflect the fact that the Board's
accounting functions are performed by the U.S. Department of Treasury's
Bureau of Public Debt instead of the U.S. Department of Agriculture's
National Finance Center;
1201.3(a)(2) is amended to correct a statutory reference by
amending ``5 U.S.C. 7512'' to read ``5 U.S.C. 7511-7514'';
1201.3(a)(19) is amended by adding the word ``and'' at the end of
the paragraph;
1201.3(a)(20) is deleted because 5 U.S.C. 3592(a)(3) was repealed
in Pub. L. 107-296, Title XIII, Sec. 1321(a)(2)(A)(iii), Nov. 25,
2002, 116 Stat. 2297;
1201.3(a)(21) is re-designated as (a)(20) and is amended to correct
a statutory reference by deleting ``22 U.S.C. 4011'' and replacing it
with ``22 U.S.C. 4010a'';
1201.53(c) is amended to clarify that the Clerk of the Board has
authority to rule on requests for exceptions to the payment of costs
for a hearing tape recording or transcript made after the initial
decision is issued;
1201.56(a)(1)(i) is amended to delete a reference to 5 U.S.C.
3592(a)(3) as that statute was repealed by Pub. L. 107-296, Title XIII,
Sec. 1321(a)(2)(A)(iii), Nov. 25, 2002, 116 Stat. 2297;
1201.81(a) is amended to clarify the extent of the Board's subpoena
authority under 5 U.S.C. 1204(b)(2)(A);
1201.103(c) is amended to delete a reference to the Board's
standards of conduct (the Board has no such standards of conduct);
1201.112(a) is amended to clarify that judges do not have authority
to rule on requests for exceptions to the payment of costs for a
hearing tape recording or transcript made after the initial decision is
issued;
1201.125(c)(1) is amended to add a reference to 5 U.S.C. 7323; and
1201.126(c) is amended to be more clear and to add references to 5
U.S.C. 7323 and 7324.
List of Subjects
5 CFR Part 1200
MSPB organization.
5 CFR Part 1201
Administrative practice and procedure, Civil rights, Government
employees.
0
Accordingly, the Board amends 5 CFR parts 1200 and 1201 as follows:
PART 1200--[AMENDED]
0
1. The authority citation for subpart B of part 1200 continues to read
as follows:
Authority: 5 U.S.C. 1204(h) and (j).
0
2. Section 1200.10 is amended by revising paragraphs (a)(8), (a)(9),
(b)(8), and (b)(9) to read as follows:
Sec. 1200.10 Staff organization and functions.
(a) * * *
(8) Office of Financial and Administrative Management.
(9) Office of Information Resources Management.
(b) * * *
(8) Office of Financial and Administrative Management. The Office
of Financial and Administrative Management administers the budget,
accounting, procurement, property management, physical security, and
general services functions of the Board. It also develops and
coordinates internal management programs and projects, including review
of internal controls agencywide. It performs certain personnel
functions, including policy, training, drug testing, and the Employee
Assistance Program. It also administers the agency's cross-servicing
arrangements with the U.S. Department of Treasury's Bureau of Public
Debt for accounting services and with the U.S. Department of
Agriculture's National Finance Center for payroll and personnel action
processing services and with the U.S. Department of Agriculture's APHIS
Business Services for most human resources management services.
(9) Office of Information Resources Management. The Office of
Information Resources Management develops, implements, and maintains
the Board's automated information systems.
* * * * *
PART 1201--[AMENDED]
0
3. The authority citation for part 1201 continues to read as follows:
Authority: 5 U.S.C. 1204 and 7701.
0
4. Section 1201.3 is amended by deleting paragraph (a)(21) and revising
paragraphs (a)(2), (a)(19), and (a)(20) to read as follows:
Sec. 1201.3 Appellate jurisdiction.
(a) * * *
(2) Removal, reduction in grade or pay, suspension for more than 14
days, or furlough for 30 days or less for cause that will promote the
efficiency of the service. (5 CFR part 752, subparts C and D; 5 U.S.C.
7511-7514);
* * * * *
(19) Employment practices administered by the Office of Personnel
Management to examine and evaluate the qualifications of applicants for
appointment in the competitive service (5 CFR 300.104); and
(20) Reduction-in-force action affecting a career or career
candidate appointee in the Foreign Service (Pub. L. 103-236, Sec.
181(a)(2), to be codified at 22 U.S.C. 4010a).
* * * * *
0
5. Section 1201.53 is amended by revising paragraph (c) to read as
follows:
Sec. 1201.53 Record of proceedings.
* * * * *
(c) Exceptions to payment of costs. A party may not have to pay for
a hearing tape recording or written transcript if he has a good reason
to support a request for an exception. If a party believes he has a
good reason and the request is made before the judge issues an initial
decision, the party must send the request for an exception to the
judge. If the request is made after the judge issues an initial
decision, the request must be sent to the Clerk of the Board, who shall
have authority to grant or deny such requests. The party must clearly
state the reason for the request in an affidavit or sworn statement.
* * * * *
0
6. Section 1201.56 is amended by revising paragraph (a)(1)(i) to read
as follows:
Sec. 1201.56 Burden and degree of proof; affirmative defenses.
(a) * * *
(1) * * *
(i) It is brought under 5 U.S.C. 4303 or 5 U.S.C. 5335 and is
supported by substantial evidence; or
* * * * *
0
7. Section 1201.81 is amended by revising paragraph (a) to read as
follows:
Sec. 1201.81 Requests for subpoenas.
(a) Request. Parties who wish to obtain subpoenas that would
require the attendance and testimony of witnesses, or subpoenas that
would require the production of documents or other evidence under 5
U.S.C. 1204(b)(2)(A),
[[Page 30609]]
should file their motions for those subpoenas with the judge. The Board
has authority under 5 U.S.C. 1204(b)(2)(A) to issue a subpoena
requiring the attendance and testimony of any individual regardless of
location and for the production of documentary or other evidence from
any place in the United States, any territory or possession of the
United States, the Commonwealth of Puerto Rico or the District of
Columbia. Subpoenas are not ordinarily required to obtain the
attendance of Federal employees as witnesses.
* * * * *
0
8. Section 1201.103 is amended by deleting paragraph (c)(3) and
revising paragraph (c)(2) to read as follows:
Sec. 1201.103 Placing communications in the record; sanctions.
* * * * *
(c) * * *
(2) Other persons. The Board may invoke appropriate sanctions
against other offending parties.
0
9. Section 1201.112 is amended by revising paragraph (a) to read as
follows:
Sec. 1201.112 Jurisdiction of the judge.
(a) After issuing the initial decision, the judge will retain
jurisdiction over a case only to the extent necessary to:
(1) Correct the transcript; when one is obtained;
(2) Rule on a request by the appellant for attorney fees,
consequential damages, or compensatory damages under subpart H of this
part;
(3) Process any petition for enforcement filed under subpart F of
this part;
(4) Vacate an initial decision before that decision becomes final
under Sec. 1201.113 in order to accept a settlement agreement into the
record.
* * * * *
0
10. Section 1201.125 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 1201.125 Administrative law judge.
* * * * *
(c) * * *
(1) In a Special Counsel complaint seeking disciplinary action
against a Federal or District of Columbia government employee for a
violation of 5 U.S.C. 7323 or 7324, where the administrative law judge
finds that the violation does not warrant removal, the administrative
law judge will issue a recommended decision to the Board in accordance
with 5 U.S.C. 557.
* * * * *
0
11. Section 1201.126 is amended by revising paragraph (c) to read as
follows:
Sec. 1201.126 Final decisions.
* * * * *
(c) In any Hatch Act action in which the administrative law judge,
or the Board on petition for review, finds that a Federal or District
of Columbia government employee has violated 5 U.S.C. 7323 or 7324 and
that the violation warrants removal, the administrative law judge, or
the Board on petition for review, will issue a written decision
ordering the employee's removal. If the administrative law judge finds
a violation of 5 U.S.C. 7323 or 7324 and determines that removal is not
warranted, the judge will issue a recommended decision under Sec.
1201.125(c)(1) of this part. If the Board finds a violation of 5 U.S.C.
7323 or 7324 and determines by unanimous vote that the violation does
not warrant removal, it will impose instead a penalty of not less than
30 days suspension without pay. If the Board finds by majority vote
that the violation warrants removal, it will order the employee's
removal.
Bentley M. Roberts, Jr.,
Clerk of the Board.
[FR Doc. 05-10652 Filed 5-26-05; 8:45 am]
BILLING CODE 7400-01-P
