§ 7543. Cause and procedure
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/usc/title-5/section-7543A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.)
Connections19 cite this · traces to 4
Cited by 19 sections · top 12
statutes-at-large
- Public Law 98–615To provide retirement equity for former spouses of civil service retirees, and for other purposes
- Public Law 96–191To establish an independent personnel system for employees of the General Accounting Office
- Public Law 97–258To revise, codify, and enact without substantive change certain general and permanent laws, related to money and finance, es title 31, United States Code, “Money and Finance”
- Public Law 95–454To reform the civil service laws
12 references not yet in our index
- Pub. L. 95–454, title IV, § 411(2)
- 92 Stat. 1174
- Pub. L. 97–35, title XVII, § 1704(d)(2)
- 95 Stat. 758
- Pub. L. 98–615, title III, § 304(c)
- 98 Stat. 3219
- Pub. L. 98–615
- Pub. L. 97–35
- section 307 of Pub. L. 98–615
- section 1704(e) of Pub. L. 97–35
- Pub. L. 95–454
- section 415 of Pub. L. 95–454
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cites case law
§ 7543
Cause and procedure
Fed. Reg.×13
Stat.×4
U.S.C.×2
Pub. L.Pub. L. 95–454, title IV, § 411(2)
Stat.92 Stat. 1174
Pub. L.Pub. L. 97–35, title XVII, § 1704(d)(2)
Stat.95 Stat. 758
Pub. L.Pub. L. 98–615, title III, § 304(c)
Cites 16 · showing 9Cited by 19 across 3 sources