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5 U.S.C. § 7502 — Actions covered

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

5 U.S.C. § 7502 — Actions covered

This subchapter applies to a suspension for 14 days or less, but does not apply to a suspension under section 7521 or 7532 of this title or any action initiated under [section 1215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1215&num=0&edition=prelim).

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Source location: Title 5, Chapter 75, § 7502; chapter-075-adverse-actions.md

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

5 U.S.C. § 1201 — Appointment of members of the Merit Systems Protection Board

The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board 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. § 1215 — Disciplinary action

**(a)** (1) Except as provided in subsection (b), if the Special Counsel determines that disciplinary action should be taken against any employee for having— (A) committed a prohibited personnel practice, (B) violated the provisions of any law, rule, or regulation, or engaged in any other conduct within the jurisdiction of the Special Counsel as described in section 1216, or (C) knowingly and willfully refused or failed to comply with an order of the Merit Systems Protection Board, the Special Counsel shall prepare a written complaint against the employee containing the Special Counsel’s determination, together with a statement of supporting facts, and present the complaint and statement to the employee and the Board, in accordance with this subsection. (2) Any employee against whom a complaint has been presented to the Merit Systems Protection Board under paragraph (1) is entitled to— (A) a reasonable time to answer orally and in writing, and to furnish affidavits and other documentary evidence in support of the answer; (B) be represented by an attorney or other representative; (C) a hearing before the Board or an administrative law judge appointed under section 3105 and designated by the Board; (D) have a transcript kept of any hearing under subparagraph (C); and (E) a written decision and reasons therefor at the earliest practicable date, including a copy of any final order imposing disciplinary action. (3) (A) A final order of the Board may impose— (i) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand; (ii) an assessment of a civil penalty not to exceed $1,000; or (iii) any combination of disciplinary actions desc

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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. § 7502 — Actions covered

Page 905 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7503 1 So in original. Probably should be ‘‘affecting’’. Executive Documents EXECUTIVE ORDER NO. 13839 Ex. Ord. No. 13839, May 25, 2018, 83 F.R. 25343, which related to removal of employees from Federal service for misconduct or unacceptable performance, was re- voked by Ex. Ord. No. 14003, § 3(c), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. [Ex. Ord. No. 13839, formerly set out above, construed to be amended to the extent necessary, by Memo- randum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, set out as a note under section 7101 of this title.] SUBCHAPTER I—SUSPENSION FOR 14 DAYS OR LESS Editorial Notes AMENDMENTS 1978—Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1134, substituted ‘‘SUSPENSION FOR 14 DAYS OR LESS’’ for ‘‘COMPETITIVE SERVICE’’ in sub- chapter heading. § 7501. Definitions For the purpose of this subchapter— (1) ‘‘employee’’ means an individual in the competitive service who is not serving a pro- bationary or trial period under an initial ap- pointment or who has completed 1 year of cur- rent continuous employment in the same or similar positions under other than a tem- porary appointment limited to 1 year or less; and (2) ‘‘suspension’’ means the placing of an em- ployee, for disciplinary reasons, in a tem- porary status without duties and pay. (Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1134; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(3), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(C), Dec. 27, 2021, 135 Stat. 1950.) Editorial Notes PRIOR PROVISIONS A prior section 7501, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 527, related to r

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