Page:United States Statutes at Large Volume 103 Part 1.djvu/53

 PUBLIC LAW 101-12 —APR. 10, 1989 103 STAT. 25 been notified by the Special Counsel that the Special Counsel shall seek corrective action on behalf of such employee, former employee, or applicant. "(4) If an employee, former employee, or applicant seeks a correc- tive action from the Board under section 1221, pursuant to the provisions of paragraph (3)(B), the Special Counsel may continue to seek corrective action personal to such employee, former employee, or applicant only with the consent of such employee, former employee, or applicant. "(5) In addition to any authority granted under paragraph (1), the Special Counsel may, in the absence of an allegation, conduct an investigation for the purpose of determining whether there are reasonable grounds to believe that a prohibited personnel practice (or a pattern of prohibited personnel practices) has occurred, exists, or is to be taken. "(b)(l)(A)(i) The Special Counsel may request any member of the Merit Systems Protection Board to order a stay of any personnel action for 45 days if the Special Counsel determines that there are reasonable grounds to believe that the personnel action was taken, '' or is to be taken, as a result of a prohibited personnel practice. "(ii) Any member of the Board requested by the Special Counsel to order a stay under clause (i) shall order such stay unless the member determines that, under the facts and circumstances involved, such a stay would not be appropriate. "(iii) Unless denied under clause (ii), any stay under this subpara- fraph shall be granted within 3 calendar days (excluding Saturdays, undays, and legal holidays) after the date of the request for the stav by the Special Counsel. ' (B) The Board may extend the period of any stay granted under subparagraph (A) for any period which the Board considers appropriate. "(C) The Board shall allow any agency which is the subject of a stay to comment to the Board on any extension of stay proposed .*.,-, under subparagraph (B). "(D) A stay may be terminated by the Board at any time, except that a stay may not be terminated by the Board— "(i) on its own motion or on the motion of an agency, unless notice and opportunity for oral or written comments are first provided to the Special Counsel and the individual on whose behalf the stay was ordered; or "(ii) on motion of the Special Counsel, unless notice and opportunity for oral or written comments are first provided to the individual on whose behalf the stay was ordered. "(2)(A) If, in connection with any investigation, the Special Coun- Reports. sel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken which requires corrective action, the Special Counsel shall report the determination together with any findings or recommendations to the Board, the agency involved and to the Office of Personnel Management, and may report such determination, findings and recommendations to the President. The Special Counsel may include in the report recommendations for corrective action to be taken. "(B) If, after a reasonable period of time, the agency does not act to correct the prohibited personnel practice, the Special Counsel may petition the Board for corrective action. "(C) If the Special Counsel finds, in consultation with the individ- ual subject to the prohibited personnel practice, that the agency has

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