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5 U.S.C. § 7543 — Cause and procedure

submitted 48 years ago by Pub. L. 95-454 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 285 words · no verdicts yet

in plain englishAI-generated · not legal advice

An agency may take covered disciplinary action against an employee only for listed reasons and must provide specified notice, response, representation, decision, and appeal rights. The agency must keep the relevant records and provide them to the Board or employee on request.

(a) Under Office of Personnel Management regulations, an agency may take an action covered by this subchapter against an employee only for misconduct, neglect of duty, malfeasance, or refusal to accept a directed reassignment or accompany a position transferred to another function. (b) An employee facing such an action is entitled to (1) at least 30 days' advance written notice, unless there is reasonable cause to believe the employee committed a crime punishable by imprisonment, stating specific reasons; (2) a reasonable time, at least 7 days, to answer orally and in writing and provide affidavits and documents; (3) representation by an attorney or other representative; and (4) a written decision with specific reasons as soon as practicable. (c) An agency may by regulation provide a hearing in place of, or in addition to, the subsection (b)(2) chance to answer. (d) An employee against whom action is taken may appeal to the Merit Systems Protection Board under section 7701. (e) The agency must keep the proposed-action notice, the employee's written answer or a summary of an oral answer, the decision notice and reasons, any order carrying out the action, and supporting material. It must provide these to the Board on request and to the affected employee on request.

the actual law source: uscode.house.gov ↗public domain
(a)

Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

(b)

An employee against whom an action covered by this subchapter is proposed is entitled to—

(1)

at least 30 days’ advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action;

(2)

a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;

(3)

be represented by an attorney or other representative; and

(4)

a written decision and specific reasons therefor at the earliest practicable date.

(c)

An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.

(d)

An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title.

(e)

Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request.

Source credit: (Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 97–35, title XVII, § 1704(d)(2), Aug. 13, 1981, 95 Stat. 758; Pub. L. 98–615, title III, § 304(c), Nov. 8, 1984, 98 Stat. 3219.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-454 · 92 Stat. 1174
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 758
  • 1984Amended · Pub. L. 98-615 · 98 Stat. 3219

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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