§1505 — Title 5 Government Organization and Employees | U.S. Code

Summary

A state or local worker, the agency that employs them, or both, can have a lawyer and speak at the hearing required by law. After that hearing, the Merit Systems Protection Board must decide if the law was broken, decide if the worker should be removed from the job, and notify the worker and the agency by registered or certified mail.

Title 5, §1505

Government Organization and Employees — Source: USLM XML via OLRC

Either the State or local officer or employee or the State or local agency employing him, or both, are entitled to appear with counsel at the hearing under section 1504 of this title, and be heard. After this hearing, the Merit Systems Protection Board shall—

(1)determine whether a violation of section 1502 of this title has occurred;

(2)determine whether the violation warrants the removal of the officer or employee from his office or employment; and

(3)notify the officer or employee and the agency of the determination by registered or certified mail.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 118k(b) (3d sentence, less 4th, through 17th words, and 4th sentence).

July 19, 1940, ch. 640, § 4 “Sec. 12(b) (3d sentence, less 4th through 17th words, and 4th sentence)”, 54 Stat. 768.

June 11, 1960, Pub. L. 86–507, § 1(1), 74 Stat. 200. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1978—Pub. L. 95–454 substituted “Merit Systems Protection Board” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

§1505 Hearings; adjudications; notice of determinations