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5 U.S.C. § 1504 — Investigations; notice of hearing
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1504
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Stable record: federal_law:legal_authorities:record_usc_da95a6e5250120331cb7f2d3
Source file: Laws/federal/codes/united-states-code/title-5/section-1504-investigations-notice-of-hearing--8a66a61ff3.md
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Passage SHA-256: acbb333f1fa32b10af4f2dc5868a1b53ed0f3daddc70403799bf3c3efade04e5
Source location: Title 5, Chapter 15, § 1504; chapter-015-political-activity-of-certain-state-and-local-employees.md
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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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1502
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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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1505
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Federal law — U.S. Code and appendices · legal_authorities
Page 295
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 1504
§ 1502. Influencing elections; taking part in polit-
ical 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 of-
fice;
(2) directly or indirectly coerce, attempt to
coerce, command, or advise a State or local of-
ficer or employee to pay, lend, or contribute
anything of value to a party, committee, orga-
nization, agency, or person for political pur-
poses; or
(3) if the salary of the employee is paid com-
pletely, 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 can-
didates.
(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 de-
partment of a State, municipality, or the Dis-
trict 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 404; Pub. L.
93–443, title IV, § 401(a), Oct. 15, 1974, 88 Stat.
1290; Pub. L. 112–230, §§ 2, 3(c), Dec. 28, 2012, 126
Stat. 1616.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 118k(a) (less
1st 41 words).
July 19, 1940, ch. 640, § 4
‘‘Sec. 12(a) (less 1st 41
words)’’, 54
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 1504
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.