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Post by JudgeRatty on May 25, 2015 20:13:41 GMT -5
I'm a step-1er who filed an appeal and I havent gotten any update related to resolution or denial of my appeal. I sent the ALJ desk a very frisky email on Thursday informing them that my due process had been violated by them constructively granting some appeals while not yet ruling on all of them, as they said they would in various emails. So we shall see. Given the overall evidence here, as well as some things DC Sklar said to some managers last week, i think OPM realizes they made a litany of mistakes and are trying to (1) refill the register and (2) avoid litigation, which bodes well for many of us. I think its waaaayyyyyy to early to say due process was violated because appeal results emails are rolling out slowly. Any appeal of any step in this process is likely to be different than any other appeal and as such it may take a while to get emails out. They really don't have to tell anybody a thing about their results from a given phase until they are ready to move onto the next phase. I really expect that step 1s will hear in the next 4-6 weeks, step 2's in the next 2-3 months, and step 3's 3-4 months after that. @tink I can only imagine your frustration but it sounds like everybody who missed the cut off at step 2 will be notified simultaneously. I wouldn't expect much of a response until they send out those notices. They probably won't send out those notices until they grade the folks who are moving on to step 2's tests. Folks getting to far down the road on what is at best partial information is going to give you heartburn. THIS. I believe that each "type" of appeal issue is going to result in notification to all in that particular category at the same time. I do not think OPM is doing anything wrong or violating anyone's due process here. There are THOUSANDS of appeals pending at various levels with a wide variety of issues. All we know at this point is that a couple of people, or three, have received an email about being cut at step 1 and now they have an option to proceed to the next step. I totally agree with Gaidin here... I know this sounds ridiculous when it has been a couple of years, but let OPM do their thing... they will adjudicate the appeals. There are only a handful if that people who are reviewing these appeals... thousands. I also know that is absolutely no solace whatsoever to those waiting on an appeal. This whole process is grueling, for those on the register as well as for those who want to be on the register. Good luck to all, super ultramarthon and all that....
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Post by hapi2balj on May 26, 2015 7:26:48 GMT -5
Well, I feel vindicated! And, as dumb as this may sound, I sincerely wanted all of you to be the first to know.... I received the same e-mail as Hope2b - I did not receive the e-mail notifying me of the testing back in 2013. I timely appealed and my appeal has been pending since June 2013. I called and e-mailed several times to check on the status of my appeal and finally quit e-mailing/calling when I got the "don't call us, we'll call you" lecture. I was using an aol.com e-mail address at the time and when I recently replied to the survey, I took that opportunity to update my address to a non-AOL e-mail. Pumpkin - I, too, was using an AOL e-mail address before while I was awaiting the 2nd stage invite which never came, and I did check my inbox and spam folder every day. Although after I discovered that there was a problem, I changed my e-mail address from AOL to Gmail in USA Jobs (almost two years ago now), and had sent my appeal correspondence from Gmail (with reference to the AOL address), the invite I received on 5/18 came on my AOL account. My appeal response on 5/22 arrived on my Gmail account. Like you, when I responded to the survey, since it had been sent via AOL I changed the address there to Gmail too. The 'paranoia' I've referred to in past posts includes wondering if I possibly could have mistyped my Gmail address. I don't think I did but I sure wish I could double-check. Ah well! I will wait until shortly after June 2 and watch this forum, and if I learn that others are getting more details and I am not, I'll just have to contact OPM.
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Post by Deleted on May 26, 2015 8:20:46 GMT -5
I agree that it is easy to send mass responses.
But OPM has already told us that the process is going forward BEFORE the timeline you two propose. The "survey" is due next Tuesday, and if the step 2 online testing is to be completed "before the end of spring," it would have to be finished by June 20. Assuming all of their "hopeful" dates are accurate, and that they give the new kids the same 10 biz day window to test, the window would start June 8.
As for my "due process" argument being premature, by granting some people to go to Wash who did not make it initially, and allowing some to take the online component who either didn't get the emails, or simply forgot to take it, OPM is constructively granting the appeals of some. Their emails have repeatedly stated that they would not notify any appealing Applicant until all appeals have been decided. By notifying some, and by allowing others to move on, they are notifying and constructively granting appeals without notifying us Step-1ers.
The more prudent process is to adjudicate step 1 appeals and allow those who pass to move on to step 2 with those who didn't get the email, forgot to test, etc. Us Step-1ers wrongfully denied are similarly situated (not having taken the online component) as those who didn't get email, forgot, etc. Granting their appeals without adjudicating ours violates my due process.
All of this being said, I think it is possible/probable that they want to avoid litigation and will answer these appeals before the online component is tested again. But if they don't, it's a violation.
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Post by saaao on May 26, 2015 10:02:16 GMT -5
I agree that it is easy to send mass responses. But OPM has already told us that the process is going forward BEFORE the timeline you two propose. The "survey" is due next Tuesday, and if the step 2 online testing is to be completed "before the end of spring," it would have to be finished by June 20. Assuming all of their "hopeful" dates are accurate, and that they give the new kids the same 10 biz day window to test, the window would start June 8. As for my "due process" argument being premature, by granting some people to go to Wash who did not make it initially, and allowing some to take the online component who either didn't get the emails, or simply forgot to take it, OPM is constructively granting the appeals of some. Their emails have repeatedly stated that they would not notify any appealing Applicant until all appeals have been decided. By notifying some, and by allowing others to move on, they are notifying and constructively granting appeals without notifying us Step-1ers. The more prudent process is to adjudicate step 1 appeals and allow those who pass to move on to step 2 with those who didn't get the email, forgot to test, etc. Us Step-1ers wrongfully denied are similarly situated (not having taken the online component) as those who didn't get email, forgot, etc. Granting their appeals without adjudicating ours violates my due process. All of this being said, I think it is possible/probable that they want to avoid litigation and will answer these appeals before the online component is tested again. But if they don't, it's a violation. I don't have a dog in this fight (other than wishing that OPM would exhaust the register further before adding names) but in regards to a new sub-group being allowed to move from Phase II to Phase III, the appeals from this stage are not being granted but being mooted, for those allowed to move on. They are a member of a sub-group who OPM has now deemed sufficiently qualified to test further. There will be many in this group who did not appeal, and whatever score was received at this level will continue to remain in effect and will drag down their score at Phase III, so they will still be adversely affected. Since I would presume that the primary basis for appeals from Phase II are various iterations of arguments concerning candidates being scored too low, these appeals will not have been granted even in a constructive sense. As for those being allowed to take Phase II at this stage, if it is only being offered to those who formally appealed you might have an argument. However if this is being offered to all who complained of computer errors, lost invitations, etc.,but who did not necessarily appeal, or is being expanded so far as to include to people who were deemed qualified at Phase I but who just never responded, those moving on with a pending appeal are once again having their appeal mooted by a broader action by OPM, not granted. For purely selfish reasons I am all for no additions being allowed to the existing register, at least until I am hired off of it. But I think that complaint to OPM on this issue will go nowhere, and any complaint made to the Courts will be tossed based on ripeness. Federal agencies aren't big on constructive interpretations, and Federal Courts are overburdened will almost certainly bite on any good faith argument that the administrative process has not yet played out.
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Post by sealaw90 on May 26, 2015 10:09:49 GMT -5
Thanks saaao, you saved me the trouble of writing a similar response, so double like!
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Post by ba on May 26, 2015 10:46:44 GMT -5
I agree that it is easy to send mass responses. But OPM has already told us that the process is going forward BEFORE the timeline you two propose. The "survey" is due next Tuesday, and if the step 2 online testing is to be completed "before the end of spring," it would have to be finished by June 20. Assuming all of their "hopeful" dates are accurate, and that they give the new kids the same 10 biz day window to test, the window would start June 8. As for my "due process" argument being premature, by granting some people to go to Wash who did not make it initially, and allowing some to take the online component who either didn't get the emails, or simply forgot to take it, OPM is constructively granting the appeals of some. Their emails have repeatedly stated that they would not notify any appealing Applicant until all appeals have been decided. By notifying some, and by allowing others to move on, they are notifying and constructively granting appeals without notifying us Step-1ers. The more prudent process is to adjudicate step 1 appeals and allow those who pass to move on to step 2 with those who didn't get the email, forgot to test, etc. Us Step-1ers wrongfully denied are similarly situated (not having taken the online component) as those who didn't get email, forgot, etc. Granting their appeals without adjudicating ours violates my due process. All of this being said, I think it is possible/probable that they want to avoid litigation and will answer these appeals before the online component is tested again. But if they don't, it's a violation. I don't have a dog in this fight ( other than wishing that OPM would exhaust the register further before adding names) but in regards to a new sub-group being allowed to move from Phase II to Phase III, the appeals from this stage are not being granted but being mooted, for those allowed to move on. They are a member of a sub-group who OPM has now deemed sufficiently qualified to test further. There will be many in this group who did not appeal, and whatever score was received at this level will continue to remain in effect and will drag down their score at Phase III, so they will still be adversely affected. Since I would presume that the primary basis for appeals from Phase II are various iterations of arguments concerning candidates being scored too low, these appeals will not have been granted even in a constructive sense. As for those being allowed to take Phase II at this stage, if it is only being offered to those who formally appealed you might have an argument. However if this is being offered to all who complained of computer errors, lost invitations, etc.,but who did not necessarily appeal, or is being expanded so far as to include to people who were deemed qualified at Phase I but who just never responded, those moving on with a pending appeal are once again having their appeal mooted by a broader action by OPM, not granted. For purely selfish reasons I am all for no additions being allowed to the existing register, at least until I am hired off of it. But I think that complaint to OPM on this issue will go nowhere, and any complaint made to the Courts will be tossed based on ripeness. Federal agencies aren't big on constructive interpretations, and Federal Courts are overburdened will almost certainly bite on any good faith argument that the administrative process has not yet played out. Both of those made me snicker...if for no other reason then that I have said thought the same things.
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Post by Gaidin on May 26, 2015 10:53:20 GMT -5
Thanks saaao, you saved me the trouble of writing a similar response, so double like! Make it a triple. You said it much better than I.
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Post by Deleted on May 26, 2015 11:00:33 GMT -5
So long as we all agree that our motives are personal! And so we are clear, if we are to believe the exact text from emails posted above, the appeals are not being mooted, they are being granted, namely... Well, I feel vindicated! And, as dumb as this may sound, I sincerely wanted all of you to be the first to know. At 4:04 p.m. Eastern today, I got an e-mail entitled "Notification of Appeal Results." If you've read my previous posts you'll recall I absolutely did not receive my 2nd round invitation in 2013 & by the time I found out about it, it was too late. (Actually, I found this forum on May 14, and immediately appealed since I learned that others were already into the 2nd round. The ALJ Office did not respond until June 18 with its statement that I'd been sent the invite and had had a deadline of May 10. So, my appeal was dated June 18, 2013.) At any rate, the "Appeal Status" is "Resolved in your favor," with the explanation, "OPM has determined that it cannot readily demonstrate in all instances that the message that OPM attempted to transmit to applicants to commence the Online Component actually reached their destinations." My relief is that "described in the ALJ Applicant Update Survey that you were sent on May 18, 2015," namely, "an opportunity to be re-scheduled and to take the three Online Component assessments of the 2013 ALJ examination." The e-mail went on, "OPM will also provide information and notices regarding the ALJ examination to interested parties, as appropriate. As such information becomes available, it will be posted on the OPM ALJ website at www.opm.gov/services-for-agencies/administrative-law-judges/." Regardless of everything, and regardless of all the reasons which may be behind this, my opinion of OPM has increased exponentially. I can only hope this long wait is worth it and that I am lucky enough to move through all the stages successfully -- and, relatively speaking, quickly! My sincere thanks to all of you on this forum who have given me information, guidance and encouragement.
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Post by luckylady2 on May 26, 2015 11:51:15 GMT -5
I'm not sure that someone getting a result before you do is a violation of "due process." All due process requires is notice and an opportunity to be heard. You are in the middle of a process that has not yet completed for you, so I'm not sure what process you were not given.
Also, I'm not sure that sending OPM "frisky" messages will convince them that you have the qualities necessary to make a good judge..... Just sayin'
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Post by auroraborealis on May 26, 2015 13:52:55 GMT -5
Well, I feel vindicated! And, as dumb as this may sound, I sincerely wanted all of you to be the first to know. At 4:04 p.m. Eastern today, I got an e-mail entitled "Notification of Appeal Results." If you've read my previous posts you'll recall I absolutely did not receive my 2nd round invitation in 2013 & by the time I found out about it, it was too late. (Actually, I found this forum on May 14, and immediately appealed since I learned that others were already into the 2nd round. The ALJ Office did not respond until June 18 with its statement that I'd been sent the invite and had had a deadline of May 10. So, my appeal was dated June 18, 2013.) At any rate, the "Appeal Status" is "Resolved in your favor," with the explanation, "OPM has determined that it cannot readily demonstrate in all instances that the message that OPM attempted to transmit to applicants to commence the Online Component actually reached their destinations." My relief is that "described in the ALJ Applicant Update Survey that you were sent on May 18, 2015," namely, "an opportunity to be re-scheduled and to take the three Online Component assessments of the 2013 ALJ examination." The e-mail went on, "OPM will also provide information and notices regarding the ALJ examination to interested parties, as appropriate. As such information becomes available, it will be posted on the OPM ALJ website at www.opm.gov/services-for-agencies/administrative-law-judges/." Regardless of everything, and regardless of all the reasons which may be behind this, my opinion of OPM has increased exponentially. I can only hope this long wait is worth it and that I am lucky enough to move through all the stages successfully -- and, relatively speaking, quickly! My sincere thanks to all of you on this forum who have given me information, guidance and encouragement. That's great news! Good luck!
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Post by auroraborealis on May 26, 2015 14:00:05 GMT -5
Well, I feel vindicated! And, as dumb as this may sound, I sincerely wanted all of you to be the first to know. At 4:04 p.m. Eastern today, I got an e-mail entitled "Notification of Appeal Results." If you've read my previous posts you'll recall I absolutely did not receive my 2nd round invitation in 2013 & by the time I found out about it, it was too late. (Actually, I found this forum on May 14, and immediately appealed since I learned that others were already into the 2nd round. The ALJ Office did not respond until June 18 with its statement that I'd been sent the invite and had had a deadline of May 10. So, my appeal was dated June 18, 2013.) At any rate, the "Appeal Status" is "Resolved in your favor," with the explanation, "OPM has determined that it cannot readily demonstrate in all instances that the message that OPM attempted to transmit to applicants to commence the Online Component actually reached their destinations." My relief is that "described in the ALJ Applicant Update Survey that you were sent on May 18, 2015," namely, "an opportunity to be re-scheduled and to take the three Online Component assessments of the 2013 ALJ examination." The e-mail went on, "OPM will also provide information and notices regarding the ALJ examination to interested parties, as appropriate. As such information becomes available, it will be posted on the OPM ALJ website at www.opm.gov/services-for-agencies/administrative-law-judges/." Regardless of everything, and regardless of all the reasons which may be behind this, my opinion of OPM has increased exponentially. I can only hope this long wait is worth it and that I am lucky enough to move through all the stages successfully -- and, relatively speaking, quickly! My sincere thanks to all of you on this forum who have given me information, guidance and encouragement. Hope2balj. Can you advise what your status was in Application Manager prior to receive the notice about the change in your appeal status? I too appealed and received a confirmation of my Appeal via email with a ticket number but never saw a "status" update reflecting my appeal on Application Manager. The only reference was the initial letter notifying me of my appeal rights. I am wondering if this is another indicator of some sort of problem in the OPM process. I've become completely paranoid about not receiving appropriate notice or being lost in the system somewhere.
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Post by hapi2balj on May 26, 2015 14:42:29 GMT -5
Well, I feel vindicated! And, as dumb as this may sound, I sincerely wanted all of you to be the first to know. At 4:04 p.m. Eastern today, I got an e-mail entitled "Notification of Appeal Results." If you've read my previous posts you'll recall I absolutely did not receive my 2nd round invitation in 2013 & by the time I found out about it, it was too late. (Actually, I found this forum on May 14, and immediately appealed since I learned that others were already into the 2nd round. The ALJ Office did not respond until June 18 with its statement that I'd been sent the invite and had had a deadline of May 10. So, my appeal was dated June 18, 2013.) At any rate, the "Appeal Status" is "Resolved in your favor," with the explanation, "OPM has determined that it cannot readily demonstrate in all instances that the message that OPM attempted to transmit to applicants to commence the Online Component actually reached their destinations." My relief is that "described in the ALJ Applicant Update Survey that you were sent on May 18, 2015," namely, "an opportunity to be re-scheduled and to take the three Online Component assessments of the 2013 ALJ examination." The e-mail went on, "OPM will also provide information and notices regarding the ALJ examination to interested parties, as appropriate. As such information becomes available, it will be posted on the OPM ALJ website at www.opm.gov/services-for-agencies/administrative-law-judges/." Regardless of everything, and regardless of all the reasons which may be behind this, my opinion of OPM has increased exponentially. I can only hope this long wait is worth it and that I am lucky enough to move through all the stages successfully -- and, relatively speaking, quickly! My sincere thanks to all of you on this forum who have given me information, guidance and encouragement. Hope2balj. Can you advise what your status was in Application Manager prior to receive the notice about the change in your appeal status? I too appealed and received a confirmation of my Appeal via email with a ticket number but never saw a "status" update reflecting my appeal on Application Manager. The only reference was the initial letter notifying me of my appeal rights. I am wondering if this is another indicator of some sort of problem in the OPM process. I've become completely paranoid about not receiving appropriate notice or being lost in the system somewhere. Aurora, I'm a bit confused about the whole interrelationship of USAJobs and Application Manager. I believe someone earlier in this post, if I recall correctly, said OPM no longer is using Application Manager. However, in USA Jobs, when I click on "Application Status," for my ALJ application it said - and says - "Minimum Qualification Requirements Not Met" with a last-update date of June 18, 2013 - interestingly, the date of my appeal. When I "go to" Application Manager from there, I don't see a status, but what I do see is a notation that on March 6, 2013, I was sent an acknowledgement that my original application had been received, and on May 22, 2015, I was sent a "custom letter" which in fact is the notice that my appeal was granted. That is everything under "Messages." There are some other mysterious entries, such as (under Assessments) "External Assessment," which was "submitted" 2/24/14 and was "due" 4/24/15, and is "complete." (??) So...hope this helps a little maybe, at least to re-confirm what we all know, that there certainly have been issues with the process.
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Post by auroraborealis on May 26, 2015 15:05:15 GMT -5
Hope2balj. Can you advise what your status was in Application Manager prior to receive the notice about the change in your appeal status? I too appealed and received a confirmation of my Appeal via email with a ticket number but never saw a "status" update reflecting my appeal on Application Manager. The only reference was the initial letter notifying me of my appeal rights. I am wondering if this is another indicator of some sort of problem in the OPM process. I've become completely paranoid about not receiving appropriate notice or being lost in the system somewhere. Aurora, I'm a bit confused about the whole interrelationship of USAJobs and Application Manager. I believe someone earlier in this post, if I recall correctly, said OPM no longer is using Application Manager. However, in USA Jobs, when I click on "Application Status," for my ALJ application it said - and says - "Minimum Qualification Requirements Not Met" with a last-update date of June 18, 2013 - interestingly, the date of my appeal. When I "go to" Application Manager from there, I don't see a status, but what I do see is a notation that on March 6, 2013, I was sent an acknowledgement that my original application had been received, and on May 22, 2015, I was sent a "custom letter" which in fact is the notice that my appeal was granted. That is everything under "Messages." There are some other mysterious entries, such as (under Assessments) "External Assessment," which was "submitted" 2/24/14 and was "due" 4/24/15, and is "complete." (??) So...hope this helps a little maybe, at least to re-confirm what we all know, that there certainly have been issues with the process. Quite strange. Mine has only reflected status as "closed" on USAJobs. It has only shown under messages the letters of the NOR and then the appeal rights. Mine also shows the same notes under "Assessments" that you noted. I'm wondering now if I need to email them to make sure they still have me in the "appeal" pool. Sigh.
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Post by 71stretch on May 26, 2015 15:37:07 GMT -5
I would not spend any time worrying about what your status is on either USA Jobs or Application manager. The dates and other status info there has often been difficult, or impossible, to interpret, and don't seem to reflect reality or the actual status of things, including appeals, which I don't think are even reflected there.
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Post by ibnlurkin on May 26, 2015 15:52:16 GMT -5
I would not spend any time worrying about what your status is on either USA Jobs or Application manager. The dates and other status info there has often been difficult, or impossible, to interpret, and don't seem to reflect reality or the actual status of things, including appeals, which I don't think are even reflected there. what stretch said.
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Post by auroraborealis on May 26, 2015 17:36:31 GMT -5
I would not spend any time worrying about what your status is on either USA Jobs or Application manager. The dates and other status info there has often been difficult, or impossible, to interpret, and don't seem to reflect reality or the actual status of things, including appeals, which I don't think are even reflected there. what stretch said. Thanks for the reassurance, ibnlurkin and 71 stretch.
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Post by southerngal on May 27, 2015 13:25:26 GMT -5
I haven't followed this forum for a while now. As I understand it, OPM may allow some appealing 2013 exam results to have another chance. I did appeal but have not gotten an email from them lately. I was cut at Phase I--as I recall the reason they gave was that I had not demonstrated I had the requisite experience (which was odd, to say the least, because I was placed on the ALJ register in 2007, interviewed in 2012, but not offered a position before the old register closed). Anyone in my shoes had a recent communication from OPM?
Thanks.
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Post by auroraborealis on May 27, 2015 14:16:06 GMT -5
I haven't followed this forum for a while now. As I understand it, OPM may allow some appealing 2013 exam results to have another chance. I did appeal but have not gotten an email from them lately. I was cut at Phase I--as I recall the reason they gave was that I had not demonstrated I had the requisite experience (which was odd, to say the least, because I was placed on the ALJ register in 2007, interviewed in 2012, but not offered a position before the old register closed). Anyone in my shoes had a recent communication from OPM? Thanks. judgeagain, all we know at this point for sure is that a select group of folks, thus far I believe some who OPM says were invited to take the online component but for whatever reason didn't (email glitch or whatever) have received an email survey inquiring as to whether they were still interested in pursuing an ALJ position. Based on what has been shared thus far it appears that these folks did appeal. Several other applicants who appealed for other reasons, as far as I have seen, have not received the same survey. At this stage no one is quite sure why--- other than to speculate that OPM is attempting to make decisions about who will move along in the process in stages. It makes sense given that it will help them control the number that will be invited to continue along in the process.
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Post by southerngal on May 27, 2015 14:48:55 GMT -5
auroraborealis--
Thanks so much!
judgeagain
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Post by keepsake on May 27, 2015 15:29:08 GMT -5
I believe RichterScale indicated that he did not appeal; whereas Hope2balj said that he did appeal and received a notification of appeal results/determination in his favor - so this situation is somehwat confused to say the least.
I have seen no indication that others from phase 1 than those who for whatever reason did not get/respond to the email to go to phase 2 have been given the option to move on . . . . Maybe more will be invited to participate and we'll have to see.
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