[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR24.9]



[Page 98-99]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 24_SENIOR BIOMEDICAL RESEARCH SERVICE--Table of Contents

 

Sec. 24.9  Removal from the Service.



    (a) A member of the Service may be subject to disciplinary action, 

including removal from the Service, for substandard performance of duty 

as a member of the service, for misconduct, for reasons of national 

security or for other reasons as determined by the Secretary.

    (b) A member for whom disciplinary action is proposed is entitled 

to:

    (1) Written notice of the proposed action and the basis therefor;

    (2) A reasonable opportunity to answer the notice of proposed action 

both orally and in writing;

    (3) The right to be represented by an attorney or other 

representative in making such answer; and

    (4) A written decision on the proposal.

    (c) The decision may be made by an official with delegated authority 

to take such action, but in no case may the official be at a level below 

the head of the Operating Division where the member is assigned.

    (d) A member who is separated from the Service involuntarily and 

without cause and who, immediately prior to his appointment to the 

Service, was a career appointee in the civil service or the Senior 

Executive Service, may be



[[Page 99]]



appointed to a position in the competitive civil service at grade GS-15 

of the General Schedule. Such an appointment may be made by the 

Secretary or his/her designee without regard to the provisions of title 

5, U.S. Code regarding appointments in the civil service.

    (e) A member who is separated from the Service involuntarily and 

without cause and who, immediately prior to appointment to the Service, 

was not a career appointee in the civil service or the Senior Executive 

Service may be appointed to a position in the excepted civil service at 

grade GS-15 of the General Schedule for a period not to exceed two 

years.

    (f) There shall be no right to further review of the final decision 

on a disciplinary action. At his/her discretion, the Secretary may 

review an action taken under this section and may reduce, suspend, or 

overrule the action taken.

    (g) A member of the Service may be removed from the Service for such 

other reasons as may be prescribed by the Secretary.