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5 U.S.C. § 1505 — Hearings; adjudications; notice of determinations

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1505 — Hearings; adjudications; notice of determinations

Either the State or local officer or employee or the State or local agency employing him, or both, are entitled to appear with counsel at the hearing under [section 1504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1504&num=0&edition=prelim), and be heard. After this hearing, the Merit Systems Protection Board shall— (1) determine whether a violation of [section 1502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1502&num=0&edition=prelim) has occurred; (2) determine whether the violation warrants the removal of the officer or employee from his office or employment; and (3) notify the officer or employee and the agency of the determination by registered or certified mail.

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Source location: Title 5, Chapter 15, § 1505; chapter-015-political-activity-of-certain-state-and-local-employees.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1502 — Influencing elections; taking part in political campaigns; prohibitions; exceptions

**(a)** A State or local officer or employee may not— (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; (2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or (3) if the salary of the employee is paid completely, directly or indirectly, by loans or grants made by the United States or a Federal agency, be a candidate for elective office. **(b)** A State or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates. **(c)** Subsection (a)(3) of this section does not apply to— (1) the Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor; (2) the mayor of a city; (3) a duly elected head of an executive department of a State, municipality, or the District of Columbia who is not classified under a State, municipal, or the District of Columbia merit or civil-service system; or (4) an individual holding elective office.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1504 — Investigations; notice of hearing

When a Federal agency charged with the duty of making a loan or grant of funds of the United States for use in an activity by a State or local officer or employee has reason to believe that the officer or employee has violated [section 1502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1502&num=0&edition=prelim), it shall report the matter to the Special Counsel. On receipt of the report or on receipt of other information which seems to the Special Counsel to warrant an investigation, the Special Counsel shall investigate the report and such other information and present his findings and any charges based on such findings to the Merit Systems Protection Board, which shall— (1) fix a time and place for a hearing; and (2) send, by registered or certified mail, to the officer or employee charged with the violation and to the State or local agency employing him a notice setting forth a summary of the alleged violation and giving the time and place of the hearing. The hearing may not be held earlier than 10 days after the mailing of the notice.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1505 — Hearings; adjudications; notice of deter-

Page 296 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1505 Special Counsel to warrant an investigation, the Special Counsel shall investigate the report and such other information and present his findings and any charges based on such findings to the Merit Systems Protection Board, which shall— (1) fix a time and place for a hearing; and (2) send, by registered or certified mail, to the officer or employee charged with the viola- tion and to the State or local agency employ- ing him a notice setting forth a summary of the alleged violation and giving the time and place of the hearing. The hearing may not be held earlier than 10 days after the mailing of the notice. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95–454, title IX, § 906(a)(7), Oct. 13, 1978, 92 Stat. 1225.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 118k(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence). July 19, 1940, ch. 640 § 4 ‘‘Sec. 12(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence)’’, 54 Stat. 768. June 11, 1960, Pub. L. 86–507, § 1(1), 74 Stat. 200. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted provisions respecting the functions of the Special Counsel and the Merit Sys- tems Protection Board for provisions respecting the functions of the Civil Service Commission. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title

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