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Title 5 — Government Organization and EmployeesRelease 119-73not60

§7513 Cause and Procedure

Title 5 › Part III— EMPLOYEES › Subpart F— Labor-Management and Employee Relations › Chapter 75— ADVERSE ACTIONS › 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 3, 2026|Official source

Summary

Agencies may only take covered personnel actions for reasons that will help the agency run better, and they must follow rules set by the Office of Personnel Management. An employee facing such an action must get at least 30 days’ written notice of the reasons, unless there is reasonable cause to believe the employee committed a crime that could bring a jail sentence. The employee gets at least 7 days to answer in writing and orally and to give affidavits and other documents, can have an attorney or other representative, and must get a written decision with the reasons as soon as possible. An agency can offer a hearing instead of or in addition to the chance to answer. The employee may appeal to the Merit Systems Protection Board under section 7701. The agency must keep copies of the notice, the employee’s answer (or a summary of an oral answer), the decision and its reasons, and any orders, and must give those records to the Board or to the employee on request.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 7513

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60