[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Page 20007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8682]


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MERIT SYSTEMS PROTECTION BOARD


The Merit Systems Protection Board (MSPB) Is Providing Notice of 
the Opportunity To File Amicus Briefs in the Matter of Hyginus U. 
Aguzie v. Office of Personnel Management, MSPB Docket Number DC-0731-
09-0261-R-1

AGENCY: Merit Systems Protection Board.

ACTION: Notice.

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SUMMARY: 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?
    Interested parties may submit amicus briefs or other comments on 
this issue no later than May 24, 2010. Amicus briefs must be filed 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.

DATES: All briefs submitted in response to this notice shall be filed 
with the Clerk of the Board on or before May 24, 2010.

ADDRESSES: 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. Briefs must be filed with the Office of 
the Clerk of the Board, Merit Systems Protection Board, 1615 M Street, 
NW., Washington, DC 20419.

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

    Dated: April 12, 2010.
Melissa Jurgens,
Deputy Clerk of the Board (Acting).
[FR Doc. 2010-8682 Filed 4-15-10; 8:45 am]
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