§ 1215. Disciplinary action
- (a)(1) Except as provided in subsection (b), if the Special Counsel determines
that disciplinary action should be taken against any employee for having -
- (A) committed a prohibited personnel practice,
- (B) violated the provisions of any law, rule, or regulation, or engaged
in any other conduct within the jurisdiction of the Special Counsel as described
in section 1216, or
- (C) knowingly and willfully refused or failed to comply with an order of
the Merit Systems Protection Board, the Special Counsel shall prepare a written
complaint against the employee containing the Special Counsel's determination,
together with a statement of supporting facts, and present the complaint and
statement to the employee and the Board, in accordance with this subsection.
- (2) Any employee against whom a complaint has been presented to the Merit
Systems Protection Board under paragraph (1) is entitled to -
- (A) a reasonable time to answer orally and in writing, and to furnish affidavits
and other documentary evidence in support of the answer;
- (B) be represented by an attorney or other representative;
- (C) a hearing before the Board or an administrative law judge appointed
under section 3105 and designated by the Board;
- (D) have a transcript kept of any hearing under subparagraph (C); and
- (E) a written decision and reasons therefor at the earliest practicable
date, including a copy of any final order imposing disciplinary action.
- (3) A final order of the Board may impose disciplinary action consisting
of removal, reduction in grade, debarment from Federal employment for a period
not to exceed 5 years, suspension, reprimand, or an assessment of a civil
penalty not to exceed $1,000.
- (4) There may be no administrative appeal from an order of the Board. An
employee subject to a final order imposing disciplinary action under this
subsection may obtain judicial review of the order by filing a petition therefor
with such court, and within such time, as provided for under section 7703(b).
- (5) In the case of any State or local officer or employee under chapter
15, the Board shall consider the case in accordance with the provisions of
- (b) In the case of an employee in a confidential, policy-making, policy-determining,
or policy-advocating position appointed by the President, by and with the
advice and consent of the Senate (other than an individual in the Foreign
Service of the United States), the complaint and statement referred to in
subsection (a)(1), together with any response of the employee, shall be presented
to the President for appropriate action in lieu of being presented under subsection
- (c)(1) In the case of members of the uniformed services and individuals
employed by any person under contract with an agency to provide goods or services,
the Special Counsel may transmit recommendations for disciplinary or other
appropriate action (including the evidence on which such recommendations are
based) to the head of the agency concerned.
- (2) In any case in which the Special Counsel transmits recommendations
to an agency head under paragraph (1), the agency head shall, within 60 days
after receiving such recommendations, transmit a report to the Special Counsel
on each recommendation and the action taken, or proposed to be taken, with
respect to each such recommendation.
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