5 U.S.C. § 7521 — Actions against administrative law judges
submitted 48 years ago by Pub. L. 95-454 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 124 words · no verdicts yet
An agency can only discipline its administrative law judges for good cause. The Merit Systems Protection Board must find that cause exists, after a hearing. This covers removal, suspension, demotion, pay cuts, and short furloughs, but not every disciplinary action.
(a) General rule
An agency can only take action against one of its administrative law judges — appointed under section 3105 of this title — for "good cause." That good cause must be established and determined by the Merit Systems Protection Board, on the record, after the judge has had an opportunity for a hearing before the Board.
(b) Covered actions
This rule covers five kinds of actions against an administrative law judge: removal; suspension; a reduction in grade; a reduction in pay; and a furlough of 30 days or less.
It does not cover: a suspension or removal under section 7532 of this title; a reduction-in-force action under section 3502 of this title; or any action initiated under section 1215 of this title.
An action may be taken against an administrative law judge appointed under section 3105 of this title by the agency in which the administrative law judge is employed only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing before the Board.
The actions covered by this section are—
a removal;
a suspension;
a reduction in grade;
a reduction in pay; and
a furlough of 30 days or less;
but do not include—
a suspension or removal under section 7532 of this title;
a reduction-in-force action under section 3502 of this title; or
any action initiated under section 1215 of this title.
Source credit: (Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1137; amended Pub. L. 101–12, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)
- 1978Enacted · Pub. L. 95-454 · 92 Stat. 1137
- 1989Amended · Pub. L. 101-12 · 103 Stat. 35
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-454 on 1978-10-13.
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