Merit Systems Protection Board 2005 – Federal Register Recent Federal Regulation Documents

The Merit Systems Protection Board seeks public comment on a proposed rule that would set out procedures that requesters would have to follow when making demands on or requests to an MSPB employee to produce official records or provide testimony relating to official information in connection with a legal proceeding in which the MSPB is not a party. The rule would establish procedures to respond to such demands and requests in an orderly and consistent manner. The proposed rule will promote uniformity in decisions, protect confidential information, provide guidance to requesters, and reduce the potential for both inappropriate disclosures of official information and wasteful allocation of agency resources.

Notice is hereby given of variations from the Board's normal case processing procedures as a result of Hurricane Katrina and the related relief efforts in the gulf coast region of the United States.

The Merit Systems Protection Board (MSPB or ``the Board'') is revising its regulation governing actions filed by an administrative law judge (ALJ) who alleges a constructive removal under 5 U.S.C. 7521. The revision repeals the standard stated by the regulation for establishing such a removal in light of the Board's determination in recent cases that the ALJ must show involuntary separation from the position of ALJ. As discussed below, the revised standard for establishing the constructive removal of an ALJ is addressed in the Board's cases and will not be incorporated in the revised regulation, which is retained solely to provide procedural guidance for ALJ- initiated actions alleging violation of section 7521.

The Merit Systems Protection Board (MSPB or ``the Board'') is revising its regulations which were promulgated to implement Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794. These revisions are necessary to reconcile the Board's regulations with the current statute and to clarify the procedures for processing those complaints filed against the Board which allege discrimination on the basis of disability during the Board's adjudication of a related employee appeal.