5-U.S.C.-7543
§7543 – Cause and Procedure
Pathway
Title 5 > Part III > Subpart F > Chapter 75 > Subchapter V > Section 7543
Details
- Reference: Section 7543
- Legend: §7543 – Cause and Procedure
- USCode Year: 2013
Provision Content
(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 reassignment or to accompany a position in a transfer of function.
(b) An employee against whom an action covered 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 imposed, 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 evidence 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 section 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 employees 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.)
Amendments
1984—Subsec. (a). Pub. L. 98–615 inserted reference to failure to accept a directed reassignment or to accompany a position in a transfer of function.
1981—Subsec. (a). Pub. L. 97–35 substituted misconduct, neglect of duty, or malfeasance” for such cause as will promote the efficiency of the service”.
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.
U.S. Encyclopedia of Law Coverage
5-U.S.C.-7362 in the Legal Encyclopedia: Government Employees
In this entry about 5-U.S.C.-7362, find legal reference material, bibliographies and premiere content related to government employees in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employees-specific issues, written by authorities in the field.
5-U.S.C.-7371 in the Legal Encyclopedia: Government Employee Relations
In this entry about 5-U.S.C.-7371, find legal reference material, bibliographies and premiere content related to government employee relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employee relations-specific issues, written by authorities in the field.
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