[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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