Page:United States Statutes at Large Volume 80 Part 1.djvu/564

 528

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

Examination of witnesses, trial, or hearing is not required but may be provided in the discretion of the individual directing the removal or suspension without pay. Copies of the charges, the notice of hearing, the answer, the reasons for and the order of removal or suspension without pay, and also the reasons for reduction in grade or pay, shall be made a part of the records of the employing agency, and, on request, shall be furnished to the individual affected and to the Civil Service Commission. (c) This section applies to a preference eligible employee as defined by section 7511 of this title only if he so elects. This section does not apply to the suspension or removal of an employee under section 7532 of this title. SUBCHAPTER II—PREFERENCE ELIGIBLES § 7511. Definitions For the purpose of this subchapter— (1) "preference eligible employee" means a permanent or indefinite preference eligible who has completed a probationary or trial period as an employee of an Executive agency or as an individual employed by the government of the District of Columbia, but does not include an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an employee whose appointment is made under section 3311 of title 39; and (2) "adverse action" means a removal/suspension for more than 30 days, furlough without pay, or reduction in rank or pay. § 7512. Cause; procedure; exception (a) An agency may take adverse action against a preference eligible employee, or debar him for future appointment, only for such cause as will promote the efficiency of the service. (b) A preference eligible employee against whom adverse action is proposed is entitled to— (1) at least 30 days' advance written notice, except when there is reasonable cause to believe him guilty of a crime for which a sentence of imprisonment can be imposed, stating any and all reasons, specifically and in detail, for the proposed action; (2) a reasonable time for answering the notice personally and in writing and for furnishing affidavits in support of the answer; and (3) a notice of an adverse decision. (c) This section does not apply to the suspension or removal of a preference eligible employee under section 7532 of this title. SUBCHAPTER III—HEARING EXAMINERS §7521. Removal A hearing examiner appointed under section 3105 of this title may be removed by the agency in which he is employed only for ^ood cause established and determined by the Civil Service Commission on the record after opportunity for hearing. SUBCHAPTER IV—NATIONAL SECURITY § 7531. Definitions For the purpose of this subchapter, "agency" means— (1) the Department of State; (2) the Department of Commerce;

�