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document_number title type abstract publication_date pub_year pub_month html_url pdf_url agency_names agency_ids excerpts
05-16217 Proposed Amendment to the Rule Regarding the Filing of Constructive Removal Complaints by Administrative Law Judges Proposed Rule 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. 2005-08-16 2005 8 https://www.federalregister.gov/documents/2005/08/16/05-16217/proposed-amendment-to-the-rule-regarding-the-filing-of-constructive-removal-complaints-by https://www.govinfo.gov/content/pkg/FR-2005-08-16/pdf/05-16217.pdf Merit Systems Protection Board 285 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...

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