5 U.S.C. § 7543 — Cause and procedure

Page 912 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7543 EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective June 1, 1981, with certain exceptions and conditions, see section 1704(e) of Pub. L. 97–35, set out as an Effective Date note under section 3595 of this title. EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as a note under section 3131 of this title. § 7543. Cause and procedure (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 misconduct, neglect of duty, malfeasance, or failure to accept a directed reas- signment or to accompany a position in a trans- fer of function. (b) An employee against whom an action cov- ered by this subchapter is proposed is entitled to— (1) at least 30 days’ advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be im- posed, stating 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 evi- dence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision and 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 sec- tion 7701 of this title. (e) Copies of the notice of proposed action, the answer of the employee when written, and 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 Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request. (Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 97–35, title XVII, § 1704(d)(2), Aug. 13, 1981, 95 Stat. 758; Pub. L. 98–615, title III, § 304(c), Nov. 8, 1984, 98 Stat. 3219.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–615 inserted reference to failure to accept a directed reassignment or to accom- pany a position in a transfer of function. 1981—Subsec. (a). Pub. L. 97–35 substituted ‘‘mis- conduct, neglect of duty, or malfeasance’’ for ‘‘such cause as will promote the efficiency of the service’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–615 effective Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective June 1, 1981, with certain exceptions and conditions, see section 1704(e) of Pub. L. 97–35, set out as an Effective Date note under section 3595 of this title. EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as a note under section 3131 of this title. CHAPTER 77—APPEALS Sec. 7701. Appellate procedures. 7702. Actions involving discrimination. 7703. Judicial review of decisions of the Merit Sys- tems Protection Board. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454, title II, § 205, Oct. 13, 1978, 92 Stat. 1138, substituted ‘‘Appellate procedures’’ for ‘‘Ap- peals of preference eligibles’’ in item 7701, and added items 7702 and 7703. § 7701. Appellate procedures (a) An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is ap- pealable 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 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 em- ployee experienced in hearing appeals, or an ad- ministrative law judge. The Board, administra- tive 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 Manage- ment. (2)(A) If an employee or applicant for employ- ment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision ef- fective upon the making of the decision, and re- maining 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