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. § 1505. Hearings; adjudications; notice of deter- minations 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, and be heard. After this hearing, the Merit Systems Protection Board shall— (1) determine whether a violation of section 1502 of this title has occurred; (2) determine whether the violation war- rants 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95–454, title IX, § 906(a)(6), 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) (3d sentence, less 4th, through 17th words, and 4th sen- tence). July 19, 1940, ch. 640, § 4 ‘‘Sec. 12(b) (3d sentence, less 4th through 17th words, and 4th sen- tence)’’, 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 ‘‘Merit Systems Pro- tection Board’’ for ‘‘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. § 1506. Orders; withholding loans or grants; limi- tations (a) When the Merit Systems Protection Board finds— (1) that a State or local officer or employee has not been removed from his office or em- ployment within 30 days after notice of a de- termination by the Board that he has violated section 1502 of this title and that the violation warrants removal; or (2) that the State or local officer or em- ployee has been removed and has been ap- pointed within 18 months after his removal to an office or employment in the same State (or in the case of the District of Columbia, in the District of Columbia) in a State or local agen- cy which does not receive loans or grants from a Federal agency; the Board shall make and certify to the appro- priate Federal agency an order requiring that agency to withhold from its loans or grants to the State or local agency to which notice was given an amount equal to 2 years’ pay at the rate the officer or employee was receiving at the time of the violation. When the State or local agency to which appointment within 18 months after removal has been made is one that receives loans or grants from a Federal agency, the Board order shall direct that the withholding be made from that State or local agency. (b) Notice of the order shall be sent by reg- istered or certified mail to the State or local agency from which the amount is ordered to be withheld. After the order becomes final, the Federal agency to which the order is certified shall withhold the amount in accordance with the terms of the order. Except as provided by section 1508 of this title, a determination or order of the Board becomes final at the end of 30 days after mailing the notice of the determina- tion or order. (c) The Board may not require an amount to be withheld from a loan or grant pledged by a State or local agency as security for its bonds or