WBA-17-0007 - In the Matter of John Smallman

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On October 19, 2018, the Office of Hearings and Appeals (OHA) issued an order denying Mr. John Smallman's appeal of the OHA's initial agency decision under the Department of Energy’s (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. The appeal alleged no defects with the underlying opinion, attempted to prove the truth of matters outside the scope of Part 708, and improperly alleged acts of retaliation for the first time. The OHA Director found the appeal to be procedurally and substantively deficient. He held that an appeal must include a description of the relevant issues in the underlying opinion that the appellant wishes the OHA to review. He also held that, absent extraordinary circumstances, new claims may not be brought for the first time on appeal. Accordingly, OHA denied the appeal. OHA Case No. WBA-17-0007.