Title 5 Code of Federal Regulations Part 731(5 CFR 731) governs federal employment suitability standards and procedures. If a federal agency intends to withdrawal their offer of employment for a competitive service position due to the suitability criteria, that agency is required to notify applicant, in writing, the reasons it believes applicant is not suitable. This is similar procedure security clearance matters, wherein applicant is given an opportunity to respond to the allegations by admitting or denying each allegation in full or part.

If the agency makes a final adverse suitability decision, the agency must notify you in writing of their decision and inform you of your right to appeal the decision to the Merit System Protection Board (MSBP).

An MSBP appeal can become complex cases requiring undivided attention and experience. There are numerous procedural deadlines that cannot be overlooked without the possibility of the MSPB losing jurisdiction over your matter, including, jurisdictional issues, discovery, conference meetings, etc. For more information on MSPB appeals, please visit our web page dedicated specifically to such matters.