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38 U.S.C. § 7464 — Disciplinary Appeals Boards
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall from time to time appoint boards to hear appeals of major adverse actions described in [section 7462 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462&num=0&edition=prelim). Such boards shall be known as Disciplinary Appeals Boards. Each board shall consist of three employees of the Department, each of whom shall be of the same grade as, or be senior in grade to, the employee who is appealing an adverse action. At least two of the members of each board shall be employed in the same category of position as the employee who is appealing the adverse action. Members of a board shall be appointed from individuals on the panel established under subsection (d).
**(b)**
(1) In appointing a board for any case, the Secretary shall designate one of the members to be chairman and one of the members to be secretary of the board, each of whom shall have authority to administer oaths.
(2) Appointment of boards, and the proceedings of such boards, shall be carried out under regulations prescribed by the Secretary. A verbatim record shall be maintained of board hearings.
**(c)**
(1) Notwithstanding sections 5701 and 7332 of this title, the chairman of a board, upon request of an employee whose case is under consideration by the board (or a representative of that employee) may, in connection with the considerations of the board, review records or information covered by those sections and may authorize the disclosure of such records or information to that employee (or representative) to the extent the board considers appropriate for purposes of the proceedings of the board in that case.
(2) In any such case the board chairman may direct that measures be taken to protect the personal privacy of individuals whos
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Source location: Title 38, Chapter 74, § 7464; chapter-074-veterans-health-administration-personnel.md
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**(a)** The Secretary shall from time to time appoint boards to hear appeals of major adverse actions described in [section 7462 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462&num=0&edition=prelim). Such boards shall be known as Disciplinary Appeals Boards. Each board shall consist of three employees of the Department, each of whom shall be of the same grade as, or be senior in grade to, the employee who is appealing an adverse action. At least two of the members of each board shall be employed in the same category of position as the employee who is appealing the adverse action. Members of a board shall be appointed from individuals on the panel established under subsection (d).
**(b)**
(1) In appointing a board for any case, the Secretary shall designate one of the members to be chairman and one of the members to be secretary of the board, each of whom shall have authority to administer oaths.
(2) Appointment of boards, and the proceedings of such boards, shall be carried out under regulations prescribed by the Secretary. A verbatim record shall be maintained of board hearings.
**(c)**
(1) Notwithstanding sections 5701 and 7332 of this title, the chairman of a board, upon request of an employee whose case is under consideration by the board (or a representative of that employee) may, in connection with the considerations of the board, review records or information covered by those sections and may authorize the disclosure of such records or information to that employee (or representative) to the extent the board considers appropriate for purposes of the proceedings of the board in that case.
(2) In any such case the board chairman may direct that measures be taken to protect the personal privacy of individuals whose records are involved. Any person who uses or discloses a record or information covered by this subsection for any purpose other than in connection with the proceedings of the board shall be fined not more than $5,000 in the case of a first offense and not more than $20,000 in the case of a subsequent offense.
**(d)**
(1) The Secretary shall provide for the periodic designation of employees of the Department who are qualified to serve on Disciplinary Appeals Boards. Those employees shall constitute the panel from which board members in a case are appointed. The Secretary shall provide (without charge) a list of the names of employees on the panel to any person requesting such list.
(2) The Secretary shall announce periodically, and not less often than annually, that the roster of employees on the panel is available as described in paragraph (1). Such announcement shall be made at Department medical facilities and through publication in the Federal Register. Notice of a name being on the list must be provided at least 30 days before the individual selected may serve on a Board or as a grievance examiner. Employees, employee organizations, and other interested parties may submit comments to the Secretary concerning the suitability for service on the panel of any employee whose name is on the list.
(3) The Secretary shall provide training in the functions and duties of Disciplinary Appeals Boards and grievance procedures under [section 7463 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7463&num=0&edition=prelim) for employees selected to be on the panel.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Disciplinary Appeals Boards appointed under [section 7464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7464&num=0&edition=prelim) shall have exclusive jurisdiction to review any case—
(A) which arises out of (or which includes) a question of professional conduct or competence of a section 7401(1) employee; and
(B) in which a major adverse action was taken.
(2) The board shall include in its record of decision in any mixed case a statement of the board’s exclusive jurisdiction under this subsection and the basis for such exclusive jurisdiction.
(3) For purposes of paragraph (2), a mixed case is a case that includes both a major adverse action arising out of a question of professional conduct or competence and an adverse action which is not a major adverse action or which does not arise out of a question of professional conduct or competence.
**(b)**
(1) In any case in which charges are brought against a section 7401(1) employee which arises out of, or includes, a question of professional conduct or competence which could result in a major adverse action, the employee is entitled, within the aggregate time period specified in paragraph (5)(A), to the following:
(A) Advance written notice from the Under Secretary for Health or other charging official specifically stating the basis for each charge, the adverse actions that could be taken if the charges are sustained, a statement of any specific law, regulation, policy, procedure, practice, or other specific instruction that has been violated with respect to each charge, and a file containing all the evidence in support of each charge, except that the requirement for notification in advance may be waived if there is reasonable cause to believe that the e
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7462
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is hereby established within the Department of Labor an advisory committee to be known as the Advisory Committee on Veterans Employment, Training, and Employer Outreach.
(2) The advisory committee shall—
(A) assess the employment and training needs of veterans and their integration into the workforce;
(B) determine the extent to which the programs and activities of the Department of Labor are meeting such needs;
(C) assist the Assistant Secretary of Labor for Veterans’ Employment and Training in carrying out outreach activities to employers with respect to the training and skills of veterans and the advantages afforded employers by hiring veterans;
(D) make recommendations to the Secretary, through the Assistant Secretary of Labor for Veterans’ Employment and Training, with respect to outreach activities and the employment and training of veterans; and
(E) carry out such other activities that are necessary to make the reports and recommendations referred to in subsection (f) of this section.
**(b)** The Secretary of Labor shall, on a regular basis, consult with and seek the advice of the advisory committee with respect to the matters referred to in subsection (a)(2) of this section.
**(c)**
(1) The Secretary of Labor shall appoint at least 12, but no more than 16, individuals to serve as members of the advisory committee as follows:
(A) Seven individuals, one each from among representatives nominated by each of the following organizations:
(i) The National Society of Human Resource Managers.
(ii) The Business Roundtable.
(iii) The National Association of State Workforce Agencies.
(iv) The United States Chamber of Commerce.
(v) The National Federation of Independent Business.
(vi) A nationally recogni
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4110
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall prescribe by regulation procedures for the consideration of grievances of section 7401(1) employees arising from adverse personnel actions in which each action taken either—
(1) is not a major adverse action; or
(2) does not arise out of a question of professional conduct or competence.
Disciplinary Appeals Boards shall not have jurisdiction to review such matters, other than as part of a mixed case (as defined in [section 7462(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462/a/3&num=0&edition=prelim)).
**(b)** In the case of an employee who is a member of a collective bargaining unit under chapter 71 of title 5, the employee may seek review of an adverse action described in subsection (a) either under the grievance procedures provided through regulations prescribed under subsection (a) or through grievance procedures determined through collective bargaining, but not under both. The employee shall elect which grievance procedure to follow. Any such election may not be revoked.
**(c)**
(1) In any case in which charges are brought against a section 7401(1) employee which could result in a major adverse action and which do not involve professional conduct or competence, the employee is entitled to notice and an opportunity to answer with respect to those charges in accordance with subparagraphs (A) and (B) of [section 7462(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462/b/1&num=0&edition=prelim), but within the time periods specified in paragraph (3).
(2) In any other case in which charges are brought against a section 7401(1) employee, the employee is entitled, within the aggregate time period specified in paragraph (3)(A), to—
(A
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7463
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Federal law — U.S. Code and appendices · legal_authorities
Page 1259
TITLE 38—VETERANS’ BENEFITS
§ 7471
(Added Pub. L. 102–40, title II, § 203(a), May 7,
1991, 105 Stat. 205; amended Pub. L. 115–41, title
II, § 208(c), June 23, 2017, 131 Stat. 878; Pub. L.
115–407, title VII, § 702(a)(2), Dec. 31, 2018, 132
Stat. 5381.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this subchapter were
contained in section 4110 of this title prior to the repeal
of that section as part of the complete revision of chap-
ter 73 of this title by Pub. L. 102–40.
AMENDMENTS
2018—Subsec. (c)(2)(B). Pub. L. 115–407 substituted ‘‘to
answer’’ for ‘‘to answer to answer’’.
2017—Subsec. (c)(1). Pub. L. 115–41, § 208(c)(1), sub-
stituted ‘‘notice and an opportunity to answer with re-
spect to those charges in accordance with subpara-
graphs (A) and (B) of section 7462(b)(1) of this title, but
within the time periods specified in paragraph (3)’’ for
‘‘the same notice and opportunity to answer with re-
spect to those charges as provided in subparagraphs (A)
and (B) of section 7462(b)(1) of this title’’.
Subsec. (c)(2). Pub. L. 115–41, § 208(c)(2)(A), in intro-
ductory provisions, inserted ‘‘, within the aggregate
time period specified in paragraph (3)(A),’’ after ‘‘is en-
titled’’.
Subsec. (c)(2)(A). Pub. L. 115–41, § 208(c)(2)(B), sub-
stituted ‘‘written notice’’ for ‘‘an advance written no-
tice’’.
Subsec. (c)(2)(B). Pub. L. 115–41, § 208(c)(2)(C), sub-
stituted ‘‘time to answer’’ for ‘‘a reasonable time’’.
Subsec. (c)(3). Pub. L. 115–41, § 208(c)(3), added par. (3).
§ 7464. Disciplinary Appeals Boards
(a) The Secretary shall from time to time ap-
point boards to hear appeals of major adverse
actions described in section 7462 of this title.
Such boards shall be known as Disciplinary Ap-
peals Boards. Each board shall
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7464
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