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5 U.S.C. § 7513 — Cause and procedure
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim).
**(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.
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Stable record: federal_law:legal_authorities:record_usc_6f91bb3da0f1815a484daffb
Source file: Laws/federal/codes/united-states-code/title-5/section-7513-cause-and-procedure--f82fe39977.md
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Passage SHA-256: 188d6aee0ece710976cf32e84327b7a49da1ffffc8d43704afd1890599291d7e
Source location: Title 5, Chapter 75, § 7513; chapter-075-adverse-actions.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right—
(1) to a hearing for which a transcript will be kept; and
(2) to be represented by an attorney or other representative.
Appeals shall be processed in accordance with regulations prescribed by the Board.
**(b)**
(1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.
(2)
(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless—
(i) the deciding official determines that the granting of such relief is not appropriate; or
(ii)
(I) the relief granted in the decision prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The Secretary may remove, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension.
(2) If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may—
(A) remove the covered individual from the civil service (as defined in [section 2101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101&num=0&edition=prelim));
(B) demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual; or
(C) suspend the covered individual.
**(b) Pay of Certain Demoted Individuals.—**
(1) Notwithstanding any other provision of law, any covered individual subject to a demotion under subsection (a)(2) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade.
(2)
(A) A covered individual so demoted may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave.
(B) If a covered individual so demoted does not report for duty or receive approval to use accrued unused leave, such covered individual shall not receive pay or other benefits pursuant to subsection (d)(5).
**(c) Procedure.—**
(1)
(A) The aggregate period for notice, response, and final decision in a removal, demotion, or suspension under this section ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 714
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) In accordance with paragraph (2), the Secretary shall carry out the following adverse actions against supervisory employees (as defined in [section 7103(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/a&num=0&edition=prelim)) whom the Secretary, an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the Department determines committed a prohibited personnel action described in subsection (c):
(A) With respect to the first offense, an adverse action that is not less than a 12-day suspension and not more than removal.
(B) With respect to the second offense, removal.
(2)
(A) An employee against whom an adverse action under paragraph (1) is proposed is entitled to written notice.
(B)
(i) An employee who is notified under subparagraph (A) of being the subject of a proposed adverse action under paragraph (1) is entitled to 10 days following such notification to answer and furnish evidence in support of the answer.
(ii) If the employee does not furnish any such evidence as described in clause (i) or if the Secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action, the Secretary shall carry out the adverse action following such 10-day period.
(C) Paragraphs (1) and (2) of subsection (b) of [section 7513 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7513&num=0&edition=prelim), subsection (c) of such section, paragraphs (1) and (2) of subsection (b) of section 7543 of such title, and subsection (c) of such section shall not apply with respect to an ad
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 731
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Federal law — U.S. Code and appendices · legal_authorities
Page 908
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 7512
‘‘(D) who is not precluded, by section 7121(e)(1) of
title 5, United States Code, from appealing to the
Merit Systems Protection Board,
the deadline for bringing an appeal under section
7513(d) or section 4303(e) of such title with respect to
such action shall be the latter of—
‘‘(i) the 60th day after the date of enactment of this
Act; or
‘‘(ii) the deadline which would otherwise apply if
this paragraph had not been enacted.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–376 applicable with re-
spect to any personnel action taking effect on or after
Aug. 17, 1990, see section 2(c) of Pub. L. 101–376, set out
as a note under section 4303 of this title.
EFFECTIVE DATE
Section effective 90 days after Oct. 13, 1978, see sec-
tion 907 of Pub. L. 95–454, set out as an Effective Date
of 1978 Amendment note under section 1101 of this title.
§ 7512. Actions covered
This subchapter applies to—
(1) a removal;
(2) a suspension for more than 14 days;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but does not apply to—
(A) a suspension or removal under section
7532 of this title,
(B) a reduction-in-force action under section
3502 of this title,
(C) the reduction in grade of a supervisor or
manager who has not completed the proba-
tionary period under section 3321(a)(2) of this
title if such reduction is to the grade held im-
mediately before becoming such a supervisor
or manager,
(D) a reduction in grade or removal under
section 4303 of this title,
(E) an action initiated under section 1215 or
7521 of this title, or
(F) a suitability action taken by the Office
under regulations prescribed by the Office,
subject to the rules prescribe
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 7513
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