[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Notices]
[Page 56146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22921]
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MERIT SYSTEMS PROTECTION BOARD
Oral Argument
AGENCY: Merit Systems Protection Board.
ACTION: Notice.
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SUMMARY: Notice is hereby given of the scheduling of oral argument in
the matters of Rhonda K. Conyers v. Department of Defense, MSPB Docket
No. CH-0752-09-0925-I-1, and Devon H. Northover v. Department of
Defense, MSPB Docket No. AT-0752-10-0184-I-1.
Date and Time: Tuesday, September 21, 2010, at 10 a.m.
Place: The United States Court of Appeals for the Federal Circuit, Room
201, 717 Madison Place, NW., Washington, DC.
Status: Open.
FOR FUTHER INFORMATION CONTACT: Matthew Shannon, Merit Systems
Protection Board, Office of the Clerk of the Board, 1615 M Street, NW.,
Washington, DC 20419; (202) 653-7200; [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to 5 CFR 1201.117(a)(2), the Merit
Systems Protection Board (``MSPB'' or ``Board'') will hear oral
argument in the matters of Rhonda K. Conyers v. Department of Defense,
MSPB Docket No. CH-0752-09-0925-I-1, and Devon Northover v. Department
of Defense, MSPB Docket No. AT-0752-10-0184-I-1. Conyers and Northover
raise the question of whether, pursuant to 5 CFR part 732, the rule in
Department of the Navy v. Egan, 484 U.S. 518, 530-31 (1988), limiting
the scope of MSPB review of an adverse action based on the revocation
of a security clearance, also applies to an adverse action involving an
employee in a ``non-critical sensitive'' position due to the employee
having been denied continued eligibility for employment in a sensitive
position. The Board requested and received an advisory brief from the
Office of Personnel Management (OPM) in this matter, see 5 U.S.C.
1204(e)(1)(A), and the Board invited amicus curiae to submit briefs.
See 75 FR 6728, Feb. 10, 2010. The parties, OPM, and the amici curiae
will be allotted time at the hearing to present oral argument in this
matter. The briefs submitted by the parties, OPM, and the amici curiae
are available for viewing on the MSPB's Web site at http://www.mspb.gov. A recording of the oral argument will also be made
available on the MSPB's Web site. The public is welcome to attend this
hearing for the sole purpose of observation. Any person attending this
oral argument who requires special accessibility features, such as sign
language interpretation, must inform MSPB of those needs in advance.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2010-22921 Filed 9-14-10; 8:45 am]
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