§7543 — Title 5 Government Organization and Employees | U.S. Code

Summary

An agency can only take the covered personnel actions for misconduct, neglect of duty, malfeasance, or for refusing a directed reassignment or to move with a transferred position. Before acting, the employee must get at least 30 days’ written notice with specific reasons unless there is reasonable cause to believe a crime punishable by imprisonment occurred. The employee has a reasonable time, but at least 7 days, to answer orally and in writing, can be represented by an attorney or other person, may have a hearing instead of or in addition to that chance, and can appeal to the Merit Systems Protection Board under section 7701. Agencies must keep and provide copies of the notice, the employee’s response, the decision, any order, and supporting materials to the Board or the employee on request.

Title 5, §7543

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 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–615 inserted reference to failure to accept a directed reassignment or to accompany a position in a transfer of function. 1981—Subsec. (a). Pub. L. 97–35 substituted “misconduct, neglect of duty, or malfeasance” for “such cause as will promote the efficiency of the service”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–615 effective Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–35 effective June 1, 1981, with certain exceptions and conditions, see section 1704(e) of Pub. L. 97–35, set out as an

Effective Date

note under section 3595 of this title.

Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as a note under section 3131 of this title.

§7543 Cause and Procedure

Summary

Title 5, §7543

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata