5 U.S.C. § 7513 — Cause and procedure

Page 908 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7512 ‘‘(D) who is not precluded, by section 7121(e)(1) of title 5, United States Code, from appealing to the Merit Systems Protection Board, the deadline for bringing an appeal under section 7513(d) or section 4303(e) of such title with respect to such action shall be the latter of— ‘‘(i) the 60th day after the date of enactment of this Act; or ‘‘(ii) the deadline which would otherwise apply if this paragraph had not been enacted.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–376 applicable with re- spect to any personnel action taking effect on or after Aug. 17, 1990, see section 2(c) of Pub. L. 101–376, set out as a note under section 4303 of this title. EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. § 7512. Actions covered This subchapter applies to— (1) a removal; (2) a suspension for more than 14 days; (3) a reduction in grade; (4) a reduction in pay; and (5) a furlough of 30 days or less; but does not apply to— (A) a suspension or removal under section 7532 of this title, (B) a reduction-in-force action under section 3502 of this title, (C) the reduction in grade of a supervisor or manager who has not completed the proba- tionary period under section 3321(a)(2) of this title if such reduction is to the grade held im- mediately before becoming such a supervisor or manager, (D) a reduction in grade or removal under section 4303 of this title, (E) an action initiated under section 1215 or 7521 of this title, or (F) a suitability action taken by the Office under regulations prescribed by the Office, subject to the rules prescribed by the Presi- dent under this title for the administration of the competitive service. (Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1136; amended Pub. L. 101–12, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35; Pub. L. 114–92, div. A, title X, § 1086(f)(9), Nov. 25, 2015, 129 Stat. 1010.) Editorial Notes PRIOR PROVISIONS A prior section 7512, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 528, related to adverse action against a preference eligible employee and procedures applicable to such ad- verse action, prior to repeal by Pub. L. 95–454, § 204(a). AMENDMENTS 2015—Par. (F). Pub. L. 114–92 added par. (F). 1989—Par. (E). Pub. L. 101–12 substituted ‘‘1215’’ for ‘‘1206’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–12 effective 90 days fol- lowing Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title. EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. § 7513. 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 such cause as will promote the efficiency of the service. (b) An employee against whom an action is proposed is entitled to— (1) at least 30 days’ advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the 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 the specific rea- sons 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, a sum- mary thereof when made orally, the notice of decision and reasons therefor, and any order ef- fecting an action covered by this subchapter, to- gether with any supporting material, shall be maintained by the agency and shall be furnished to the Board upon its request and to the em- ployee affected upon the employee’s request. (Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1136.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. § 7514. Regulations The Office of Personnel Management may pre- scribe regulations to carry out the purpose of this subchapter, except as it concerns any mat- ter with respect to which the Merit Systems Protection Board may prescribe regulations. (Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1137.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.