Page:United States Statutes at Large Volume 92 Part 1.djvu/1184

 92 STAT. 1130

5 USC 1207.

5 USC 3105.

Final order.

^ 5 USC 1501 et seq. 5 USC 1208.

'^'

PUBLIC LAW 95-454—OCT. 13, 1978

mendations. The report required by this subsection shall include whatever recommendations for legislation or other action by Congress the Special Counsel may deem appropriate. "§ 1207. Hearings and decisions on complaints filed by the Special Counsel "(a) Any employee against whom a complaint has been presented to the Merit Systems Protection Board under section 1206(g) of this title is entitled to— "(1) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; " (2) be represented by an attorney or other representative; " (3) a hearing before the Board or an administrative law judge appointed under section 3105 of this title and designated by the Board; "(4) have a transcript kept of any hearing under paragraph (3) of this subsection; and " (5) a written decision and reasons therefor at the earliest practicable date, including a copy of any final order imposing disciplinary action. «(b) 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 3^ears, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000. " (c) There may be no administrative appeal from an order of the Board. An employee subject to a final order imposing disciplinary action under this section may obtain judicial review of the order in the United States court of appeals for the judicial circuit in which the emplovee resides or is employed at the time of the action. "(d) In the case of any State or local officer or employee under chapter 15 of this title, the Board shall consider the case in accordance with the provisions of such chapter. «§ 1208. Stays of certain personnel actions "(a)(1) The Special Counsel may request any member of the Merit Systems Protection Board to order a stay of any personnel action for 15 calendar 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. "(2) Any member of the Board requested by the Special Counsel to order a stay under paragraph (1) of this subsection shall order such stay unless the member determines that, under the facts and circumstances involved, such a stay would not be appropriate. " (3) Unless denied under paragraph (2) of this subsection, any stay under this subsection shall be granted within 3 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of the request for the stay by the Special Counsel. "(b) Any member of the Board may, on the request of the Special Counsel, extend the period of any stay ordered under subsection (a) of this section for a period of not more than 30 calendar days. "(c) The Board may extend the period of any stay granted under subsection (a) of this section for any period which the Board considers appropriate, but only if the Board concurs in the determination of the Special Counsel under such subsection, after an opportunity is provided for oral or written comment by the Special Counsel and the agency involved.

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