Page:United States Statutes at Large Volume 92 Part 1.djvu/1190

 92 STAT. 1136 tioe'. l>c 3 -c;

PUBLIC LAW 95-454—OCT. 13, 1978

" (4) 'pay' means the rate of basic pay fixed by law or administrative action for the position held by an employee; and "(5) 'furlough' means the placing of an employee in a temporary status without duties and pay because of lack of work or tii.;J..;... funds or other nondisciplinary reasons. "(b) This subchapter does not apply to an employee— "(1) whose appointment is made by and with the advice and consent of the Senate; " (2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating char. "(A) the Office of Personnel Management for a position ^g.) that it has excepted from the competitive service; or "(B) the President or the head of an agency for a position . - ' T - k j"* which is excepted from the competitive service by statute. "(c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office. 5 USC 7512. "§ 7512. Actions covered "This subchapter applies to— "(1) a removal; " (2) a suspension for more than 14 days; •'y* "(3) a reduction in grade; '•'"'•-'•'• " (4) a reduction in pay; and " (5) a furlough of 30 days or less; but does not apply to— 5 USC 7532. "(A) a suspension or removal under section 7532 of this title, 5 USC 3502. "(B) a reduction-in-force action under section 3502 of this title, "(C) the reduction in grade of a supervisor or manager who has not completed the probationary period under section 3321(a) Post, p. 1146. (2) of this title if such reduction is to the grade held immediately before becoming such a supervisor or manager, Ante, p. 1133. "(D) a reduction in grade or removal under section 4303 of this title, or Ante, p. 1125, " (E) an action initiated under section 1206 or 7521 of this title. Post, p. 1137. "§7513w Cause and procedure 5 USC 7513. "(a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for such cause as will promote the efficiency of the service. "(b) An employee against whom an action is proposed is entitled to— Notice. "(1) at least 30 days' advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action; " (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; Representation. " (3) be represented by an attorney or other representative; and "(4) a written decision and the specific reasons therefor at the earliest practicable date. Hearing. "(c) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.
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