According to the previous time frame
used to contest SEC petitions it has taken over 48 hours to compile
the facts and disagreements of the denial of a SEC petition. For
NIOSH to assume that a challenge will only take 45 minutes is
ridiculous and absurd.
The information needed and research
required to challenge the NIOSH subjective opinions are being ignored
and must be further addressed in the challenge, therefor requiring
more time.
The Information Quality Act needs to be addressed in
this change as well.
It should be noted that NIOSH states
that a petition must qualify, which is not in the implementing
regulations. If the qualification is a policy, then it is a guidance
document and cannot have the word "must" or be a
requirement before the claimant may have a full evaluation of the
petition. See Good Guidance Procedures and Administrative Procedure
Act.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Sundin, David S. (CDC/NIOSH/DCAS) |
| File Modified | 0000-00-00 |
| File Created | 2021-01-23 |