Federal Manager's Daily Report

The Merit Systems Protection Board recently found it could

not hear the appeal of an individual who was not selected for

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a position with the Department of Homeland Security. Though

the Office of Personnel Management may delegate decision

making authority concerning hiring decision to the hiring

agency, OPM retains decision making authority in certain

cases involving suitability determinations.

Though the Board typically entertains appeals of suitability

determinations, it may do so only when the agency that made

the determination acted within the scope of its delegated

authority. Here, because OPM was the proper authority to make

the challenged finding, and not the Department of Homeland

Security, the Board lacked the authority to hear the

individual’s appeal.

The full text of the decision can be found here: