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 58 M.S.P.R. 261; 1993 MSPB LEXIS 715

Merit Systems Protection Board

June 25, 1993

DOCKET NUMBER CB7521910009T1

Opinion

 [*262]  BEFORE 

Daniel R. Levinson, Chairman

Antonio C. Amador, Vice Chairman

Jessica L. Parks, Member

Chairman Levinson recused himself and did not take part in this adjudication.

OPINION AND ORDER 

The Board's Chief Administrative Law Judge (CALJ) has recommended that we find that there is good cause for suspending the respondent for 90 days, but that the agency has not shown good cause for removing the respondent from her position as an administrative law judge. For the reasons stated below, we REMAND this case to the CALJ.

 [*263]  BACKGROUND 

The respondent is an administrative law judge with the agency. On May 15, 1991, the agency filed with the Board's Office of the Clerk a notice proposing the respondent's removal under 5 U.S.C. § 7521 for the following reasons: (1) She failed to demonstrate an acceptable level of professional competence, legal knowledge, and informed judgment in the performance [**2]  of her adjudicative functions, and (2) she frequently failed to adequately extend to pro se claimants the right to representation during hearings held before her. See Case File, Tab 1. After holding a hearing in the case, the CALJ issued a recommended decision in which he found that the agency had failed to show good cause warranting action under charge I; that it had supported charge II by preponderant evidence; that the respondent had failed to substantiate various allegations of error she had raised; and that the sustained charge warranted a 90-day suspension, rather than the removal the agency had proposed. See id., Tab 40. Both parties have filed exceptions to the recommended decision and responses to the other parties' exceptions, and the Federal Administrative Law Judges Conference (FALJC) has filed an amicus curiae brief. 1 See id., Tabs 42, 43, 45, 46, 48. 2 

 [**3]   

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 58 M.S.P.R. 261 *;  1993 MSPB LEXIS 715 **

SOCIAL SECURITY ADMINISTRATION, OFFICE OF HEARING AND APPEALS, Agency, v. HELEN ANYEL, Respondent

CORE TERMS

decisions, administrative law judge, cases, good cause, recommended, reversal, removal, claimants, disciplining, adjudicatory, documents, records, remands, statement of reasons, circumstances, parties, reasons