Goto Section: 73.7003 | 73.7005 | Table of Contents
Revised as of November 23, 2020
Goto Year:2020 |
§ 73.7004 Petitions to deny tentative selectee(s).
(a) For mutually exclusive applicants subject to the selection
procedures in subpart K of this part, Petitions to Deny will be
accepted only against the tentative selectee(s).
(b) Within thirty (30) days following the issuance of a public notice
announcing the tentative selection of an applicant through fair
distribution (§ 73.7002) or point system (§ 73.7003) procedures,
petitions to deny that application may be filed. Any such petitions
must contain allegations of fact supported by affidavit of a person or
persons with personal knowledge thereof.
(c) An applicant may file an opposition to any petition to deny, and
the petitioner a reply to such opposition. Allegations of fact or
denials thereof must be supported by affidavit of a person or persons
with personal knowledge thereof. The time for filing such oppositions
shall be 10 days from the filing date for petitions to deny, and the
time for filing replies shall be 5 days from the filing date for
(d) If the Commission denies or dismisses all petitions to deny, if any
are filed, and is otherwise satisfied that an applicant is qualified,
the application will be granted. If the Commission determines that the
points originally claimed were higher than permitted, but that there is
no substantial and material question of fact of applicant
qualifications, it will compare the revised point tally of the
tentative selectee to the other mutually exclusive applicants and,
either grant the original application or announce a new tentative
selectee, as appropriate. If an applicant is found unqualified, the
application shall be denied, and the applicant(s) with the next highest
point tally named as the new tentative selectee.
Goto Section: 73.7003 | 73.7005
Goto Year: 2020 |
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