38 U.S.C. § 7464 — Disciplinary Appeals Boards

submitted 35 years ago by Pub. L. 102-40 to r/title-38-VETERANS-BENEFITS · 537 words · no verdicts yet

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The Secretary sets up three-person Disciplinary Appeals Boards, drawn from a qualified panel of VA employees, to hear appeals of major discipline cases. The law protects sensitive personal records reviewed during these appeals and requires the Secretary to keep the panel current and to train its members.

(a) The Secretary regularly appoints Disciplinary Appeals Boards to hear appeals of major adverse actions described in section 7462. Each board has three Department employees, each at the same or higher grade as the employee appealing, and at least two of them must work in the same type of position as that employee. Board members come from the panel described in (d). (b) For each case, the Secretary names one board member as chairman and one as secretary; both can administer oaths. How boards are appointed and how they run their proceedings follows Secretary-issued regulations, and a verbatim (word-for-word) record of hearings must be kept. (c) If an employee (or their representative) asks, the board chairman can review certain legally protected records connected to the case and allow them to be shown to the employee or representative, to the extent needed for the case. The chairman can also order steps to protect people's privacy. Anyone who improperly uses or discloses these protected records for something other than the board's proceedings can be fined up to $5,000 for a first offense, or up to $20,000 for a repeat offense — and if that person works for the Board or the Department, they must also be removed from their position. (d) The Secretary periodically designates qualified Department employees to serve on a panel, from which board members are chosen for each case, and must give a free list of panel members' names to anyone who asks. At least once a year, the Secretary must announce that the panel roster is available — at VA medical facilities and in the Federal Register — and must give at least 30 days' notice before someone on the list can actually serve on a board or as a grievance examiner. Employees, employee organizations, and other interested people can submit comments about whether a particular panel member is suitable. The Secretary must also train panel members on how Disciplinary Appeals Boards and the grievance procedures under section 7463 work.

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

(a)

The Secretary shall from time to time appoint boards to hear appeals of major adverse actions described in section 7462 of this title. Such boards shall be known as Disciplinary Appeals Boards. Each board shall consist of three employees of the Department, each of whom shall be of the same grade as, or be senior in grade to, the employee who is appealing an adverse action. At least two of the members of each board shall be employed in the same category of position as the employee who is appealing the adverse action. Members of a board shall be appointed from individuals on the panel established under subsection (d).

(b)

(1)

In appointing a board for any case, the Secretary shall designate one of the members to be chairman and one of the members to be secretary of the board, each of whom shall have authority to administer oaths.

(2)

Appointment of boards, and the proceedings of such boards, shall be carried out under regulations prescribed by the Secretary. A verbatim record shall be maintained of board hearings.

(c)

(1)

Notwithstanding sections 5701 and 7332 of this title, the chairman of a board, upon request of an employee whose case is under consideration by the board (or a representative of that employee) may, in connection with the considerations of the board, review records or information covered by those sections and may authorize the disclosure of such records or information to that employee (or representative) to the extent the board considers appropriate for purposes of the proceedings of the board in that case.

(2)

In any such case the board chairman may direct that measures be taken to protect the personal privacy of individuals whose records are involved. Any person who uses or discloses a record or information covered by this subsection for any purpose other than in connection with the proceedings of the board shall be fined not more than $5,000 in the case of a first offense and not more than $20,000 in the case of a subsequent offense.

(d)

(1)

The Secretary shall provide for the periodic designation of employees of the Department who are qualified to serve on Disciplinary Appeals Boards. Those employees shall constitute the panel from which board members in a case are appointed. The Secretary shall provide (without charge) a list of the names of employees on the panel to any person requesting such list.

(2)

The Secretary shall announce periodically, and not less often than annually, that the roster of employees on the panel is available as described in paragraph (1). Such announcement shall be made at Department medical facilities and through publication in the Federal Register. Notice of a name being on the list must be provided at least 30 days before the individual selected may serve on a Board or as a grievance examiner. Employees, employee organizations, and other interested parties may submit comments to the Secretary concerning the suitability for service on the panel of any employee whose name is on the list.

(3)

The Secretary shall provide training in the functions and duties of Disciplinary Appeals Boards and grievance procedures under section 7463 of this title for employees selected to be on the panel.

Source credit: (Added Pub. L. 102–40, title II, § 203(a), May 7, 1991, 105 Stat. 206.)

history & why it existsrecord from the source credit

1991Enacted · Pub. L. 102-40 · 105 Stat. 206

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-40 on 1991-05-07.

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