[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)]
[Notices]
[Page 29366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12444]


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MERIT SYSTEMS PROTECTION BOARD

[MSPB Docket Number DC-0731-09-0261-R-1]


Hyginus U. Aguzie v. Office of Personnel Management

AGENCY: Merit Systems Protection Board.

ACTION: Notice.

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SUMMARY: The Merit Systems Protection Board (MSPB) is providing notice 
of an extension of time in which parties may file amicus briefs in the 
matter of Hyginus U. Aguzie v. Office of Personnel Management, MSPB 
Docket Number DC-0731-09-0261-R-1.

DATES: All briefs submitted in response to this notice shall be filed 
with the Clerk of the Board on or before June 7, 2010.

ADDRESSES: Briefs must be filed with the Office of the Clerk of the 
Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, 
DC 20419. All briefs shall be captioned ``Hyginus U. Aguzie v. Office 
of Personnel Management'' and entitled ``Amicus Brief.'' Only one copy 
of the brief need be submitted.

FOR FURTHER INFORMATION CONTACT: Matthew Shannon, Office of the Clerk 
of the Board, (202) 653-7200.

SUPPLEMENTARY INFORMATION: Aguzie and several other cases pending 
before the Board present the following legal issue: When the Office of 
Personnel Management (OPM) directs an agency to separate a tenured 
employee for suitability reasons, must the Board consider a subsequent 
appeal under 5 CFR part 731 as contemplated therein, or should the 
Board instead consider the appeal under 5 U.S.C. Chapter 75, given that 
the scope of a Chapter 75 appeal is broader than a part 731 appeal and 
that OPM generally lacks authority to issue regulations limiting 
statutory rights?
    On April 16, 2010, MSPB published in the Federal Register a Notice 
(See 75 FR 20007) that interested parties may submit amicus briefs or 
other comments on this issue no later than May 24, 2010. The MSPB is 
extending the time until June 7, 2010. Interested parties must file 
amicus briefs with the Clerk of the Board. Briefs shall not exceed 15 
pages in length. The text shall be double-spaced, except for quotations 
and footnotes, and the briefs shall be on 8\1/2\ by 11 inch paper with 
one inch margins on all four sides.

    Dated: May 18, 2010.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2010-12444 Filed 5-21-10; 11:15 am]
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