5 C.F.R. § 731.401
Scope
This subpart covers agency-initiated suitability actions against an applicant or appointee.
Notes of Decisions
Cited in 6
cases, 1983–2020 · leading case: Christopher K. Korte v. Off. of Pers. Mgmt., 797 F.2d 967 (Fed. Cir. 1986).
Christopher K. Korte v. Off. of Pers. Mgmt., 797 F.2d 967 (Fed. Cir. 1986). “Because Korte was entitled to a full administrative hearing, 5 C.F.R. §§ 731.401 (a), 1201.24(c), and judicial review, 5 U.”
Peterson v. Dep't of the Navy, 687 F. Supp. 713 (D.N.H. 1988). “First, plaintiff claims he was not advised of his appeal rights under 5 C.F.R. § 731.401 (1988). However, plaintiff’s exhibits demonstrate that he appealed his security clearance denial to MSPB and that no adverse action was taken against him for failure to follow proper…”
Clarry v. United States, 85 F.3d 1041 (2d Cir. 1996). “302 *1047 (1984) (providing notice and opportunity to be heard); 5 C.F.R. § 731.401 (1984) (providing right to appeal), and do not allege any violation of due process with respect to the proceedings leading to their discharge from the FAA.”
Dugan v. Ramsay, 560 F. Supp. 1230 (D.R.I. 1983). “202 , then there would be a direct appeal to MSPB by virtue of 5 C.F.R. § 731.401 (a). This tautology leaves much to be desired, however, as there is a qualitative difference between experience and training and the sort of sociopathic behavior upon which 5 C.”
Lamb v. Millennium Challenge Corp. (D.D.C. 2020). “1 at 7; (2) terminating him without following the procedures for “suitability determinations” outlined in 5 C.F.R. § 731.401 , et seq., Dkt. 1 at 8; (3) depriving him of his property interest in his employment, as secured by his contract, without providing due process, id.”
Joseph Siedlecki v. Dep't of Transp., 829 F.2d 43 (Fed. Cir. 1987). “5 C.F.R. 731.401(a). In this instance, OPM did not participate at all and did not delegate its authority to the FAA; FAA simply decided, wholly on its own (as it had a right to do), not to reemploy petitioner.”
— 5 C.F.R. § 731.401(a) — 1 case
Joseph Siedlecki v. Dep't of Transp., 829 F.2d 43 (Fed. Cir. 1987). “5 C.F.R. 731.401(a). In this instance, OPM did not participate at all and did not delegate its authority to the FAA; FAA simply decided, wholly on its own (as it had a right to do), not to reemploy petitioner.”
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