Page:United States Statutes at Large Volume 92 Part 1.djvu/1189

 PUBLIC LAW 95-454-OCT. 13, 1978

92 STAT. 1135

«§ 7502. Actions covered "This subchapter applies to a suspension for 14 days or less, but does not apply to a suspension under section 7521 or 7532 of this title or any action initiated under section 1206 of this title. ^ _ "§ 7503. Cause and procedure "(a) Under regulations prescribed by the Office of Personnel Management, an employee may be suspended for 14 days or less for such cause as will promote the efficiency of the service (including discourteous conduct to the public confirmed by an immediate supervisor's report of four such instances within any one-year period or any other pattern of discourteous conduct). "(b) An employee against whom a suspension for 14 days or less is proposed is entitled to— "(1) an advance written notice stating the specific reasons for the proposed action; "(2) a reasonable time 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 the specific reasons therefor at the earliest practicable date. "(c) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order effecting the suspension, 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 employee's request. "§7504. Regulations "The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.

5 USC 7502. Post, p. 1137. 5 USC 7532. Ante, p. 1125.

Notice,

Representation. Availability of information.

5 USC 7504.

"SUBCHAPTER II—REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS "§7511. Definitions; application " (a) For the purpose of this subchapter— "(1) 'employee'means— " (A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment under other than a temporary appointment limited to 1 year or less; and "(B) a preference eligible in an Executive agency in the excepted service, and a preference eligible in the United States Postal Service or the Postal Rate Commission, who has completed 1 year of current continuous service in the same or similar positions; " (2) 'suspension' has the meaning as set forth in section 7501(2) of this title; "(3) 'grade' means a level of classification under a position classification system;

5 USC 7511.

AnU, p. 1134.

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