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5 U.S.C. § 9204 — Adverse action

submitted 7 years ago by Pub. L. 116-92 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 264 words · no verdicts yet

in plain englishAI-generated · not legal advice

For a first section 9202 violation, OPM must issue and file a warning. For later violations, OPM may impose escalating suspensions and civil penalties listed in the section.

(a) First violation. After notice and a hearing on the record, if OPM’s Director finds an agency employee violated section 9202, the Director must (1) give a written warning describing the violation and later penalties and (2) put the warning in the employee’s official personnel file. (b) Later violations. After the same process, if an employee covered by subsection (a) commits another section 9202 violation, the Director may impose: (1) for a second violation, suspension of up to seven days; (2) for a third, suspension of more than seven days; (3) for a fourth, suspension of more than seven days and a civil penalty of up to $250; (4) for a fifth, suspension of more than seven days and a penalty of up to $500; and (5) for any later violation, suspension of more than seven days and a penalty of up to $1,000.

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

If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—

(1)

issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and

(2)

file such warning in the employee’s official personnel record file.

(b)Subsequent Violations.—

If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:

(1)

For a second violation, suspension of the employee for a period of not more than 7 days.

(2)

For a third violation, suspension of the employee for a period of more than 7 days.

(3)

For a fourth violation—

(A)

suspension of the employee for a period of more than 7 days; and

(B)

a civil penalty against the employee in an amount that is not more than $250.

(4)

For a fifth violation—

(A)

suspension of the employee for a period of more than 7 days; and

(B)

a civil penalty against the employee in an amount that is not more than $500.

(5)

For any subsequent violation—

(A)

suspension of the employee for a period of more than 7 days; and

(B)

a civil penalty against the employee in an amount that is not more than $1,000.

Source credit: (Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1606.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 116-92 · 133 Stat. 1606

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.

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