§7464 Disciplinary Appeals Boards

Summary

The Secretary must set up Disciplinary Appeals Boards to hear appeals of major adverse personnel actions. Each board has three Department employees who are the same grade as, or higher than, the person appealing. At least two members must work in the same job category as that person. Members come from a pre‑approved panel. For each case the Secretary names a chair and a secretary for the board, and those two can swear people in. The boards follow rules the Secretary issues and keep a word‑for‑word record of hearings. The board chair can, when asked by the employee or their representative, look at records covered by sections 5701 and 7332 and may allow those records to be shared as needed for the appeal. The chair can order steps to protect others’ privacy. Anyone who uses those records for another purpose faces fines of up to $5,000 for a first offense and up to $20,000 for later offenses. The Secretary must keep a roster of trained, eligible employees who may serve on boards, give that list free on request, announce it at least once a year (including in VA medical facilities and the Federal Register), allow 30 days’ notice before someone may serve, accept comments on nominees, and train panel members.