§7513 — Title 5 Government Organization and Employees | U.S. Code

§7513 Cause and procedure

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart F— - Labor-Management and Employee Relations › Chapter CHAPTER 75— - ADVERSE ACTIONS › Subchapter SUBCHAPTER II— - REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS › § 7513

Last updated Apr 6, 2026|Official source

Summary

Agencies may act against employees only under rules set by the Office of Personnel Management (OPM) and only for reasons that help keep the service efficient. Employees must get at least 30 days’ written notice of the specific reasons, unless the agency reasonably believes the employee committed a crime punishable by imprisonment. Employees have at least 7 days to answer orally and in writing, may submit evidence and have a lawyer or other representative, and must get a prompt written decision with reasons. An agency may provide a hearing. Employees may appeal to the Merit Systems Protection Board under section 7701. Agencies must keep and, on request, give the Board or the employee copies of the notice, the answer or a summary, the decision and reasons, any order, and supporting materials.

Title 5, §7513

Government Organization and Employees — Source: USLM XML via OLRC

(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 such cause as will promote the efficiency of the service.

(b)An employee against whom an action is proposed is entitled to—

(1)at least 30 days’ advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the 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 the 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, 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 Board upon its request and to the employee affected upon the employee’s request.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an

Effective Date

of 1978 Amendment note under section 1101 of this title.

§7513 Cause and procedure

Summary

Title 5, §7513

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata