[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR752.203]

[Page 57]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 752--ADVERSE ACTIONS--Table of Contents
 
  Subpart B--Regulatory Requirements for Suspension for 14 Days or Less
 
Sec. 752.203  Procedures.

    (a) Employee entitlements. An employee under this subpart whose 
suspension is proposed under this subpart is entitled to the procedures 
provided in 5 U.S.C. 7503(b).
    (b) Notice of proposed action. The notice of proposal shall inform 
the employee of his or her right to review the material which is relied 
on to support the reasons for action given in the notice.
    (c) Time to answer. The employee shall be given a reasonable time to 
answer but not less than 24 hours.
    (d) Representation. Section 7503(b)(3) of title 5 of the United 
States Code provides that an employee covered by this part whose 
suspension is proposed in entitled to be represented during the action 
by an attorney or other representative. An agency may disallow as an 
employee's representative an individual whose activities as a 
representative would cause a conflict of interest or position, or an 
employee of the agency whose release from his or her official position 
would give rise to unreasonable costs or whose priority work assignments 
preclude his or her release.
    (e) Agency decision. In arriving at its written decision, the agency 
shall consider only the reasons specified in the notice of proposed 
action and shall consider any answer of the empoloyee and/or his or her 
representative made to a designated official. The agency shall deliver 
the notice of decision to the employee at or before the time the action 
will be effective.
    (f) Grievances. The employee may file a grievance through an agency 
administrative grievance system (if applicable) or, if the suspension 
falls within the coverage of an applicable negotiated grievance 
procedure, an employee in an exclusive bargaining unit may file a 
grievance only under that procedure. Sections 7114(a)(5) and 7121(b)(3) 
of title 5 U.S.C., and the terms of any collective bargaining agreement, 
govern representation for employees in an exclusive bargaining unit who 
grieve a suspension under this subpart through the negotiated grievance 
procedure.
    (g) Agency records. The agency shall maintain copies of the items 
specified in 5 U.S.C. 7503(c) and shall furnish them upon request as 
required by that subsection.

[45 FR 46778, July 11, 1980, as amended at 53 FR 21622, June 9, 1988; 60 
FR 47040, Sept. 11, 1995]