38 U.S.C. § 7464 — Disciplinary Appeals Boards

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 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 ad- verse action. At least two of the members of each board shall be employed in the same cat- egory of position as the employee who is appeal- ing the adverse action. Members of a board shall be appointed from individuals on the panel es- tablished 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 sec- retary of the board, each of whom shall have au- thority to administer oaths. (2) Appointment of boards, and the pro- ceedings 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 consider- ation by the board (or a representative of that employee) may, in connection with the consider- ations of the board, review records or informa- tion covered by those sections and may author- ize the disclosure of such records or information to that employee (or representative) to the ex- tent the board considers appropriate for pur- poses 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 peri- odic designation of employees of the Depart- ment who are qualified to serve on Disciplinary Appeals Boards. Those employees shall con- stitute the panel from which board members in a case are appointed. The Secretary shall pro- vide (without charge) a list of the names of em- ployees 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 de- scribed 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 pro- vided at least 30 days before the individual se- lected may serve on a Board or as a grievance examiner. Employees, employee organizations, and other interested parties may submit com- ments to the Secretary concerning the suit- ability 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 for employees selected to be on the panel. (Added Pub. L. 102–40, title II, § 203(a), May 7, 1991, 105 Stat. 206.) 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. SUBCHAPTER VI—REGIONAL MEDICAL EDUCATION CENTERS § 7471. Designation of Regional Medical Edu- cation Centers (a) In carrying out the Secretary’s functions under section 7302 of this title with regard to the training of health personnel, the Secretary shall implement a program under which the Secretary shall designate as Regional Medical Education Centers such Department hospitals as the Sec- retary determines appropriate to carry out the provisions of this subchapter. (b) Each Regional Medical Education Center (hereinafter in this subchapter referred to as ‘‘Center’’) designated under subsection (a) shall provide continuing medical and related edu- cation programs for personnel eligible for train- ing under this subchapter. Such programs shall include the following: (1) The teaching of newly developed medical skills and the use of newly developed medical technologies and equipment.