[Code of Federal Regulations]

[Title 5, Volume 2]

[Revised as of January 1, 2006]

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

[CITE: 5CFR734.102]



[Page 40-41]

 

                    TITLE 5--ADMINISTRATIVE PERSONNEL

 

          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)

 

PART 734_POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 734.102  Jurisdiction.



    (a) The United States Office of Special Counsel has exclusive 

authority to investigate allegations of political activity prohibited by 

the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 

734, prosecute alleged violations before the United States Merit Systems 

Protection Board, and render advisory opinions concerning the 

applicability of 5 CFR part 734 to the political activity of Federal 

employees and employees of the District of Columbia government. (5 

U.S.C. 1212 and 1216. Advice concerning the Hatch Act Reform Amendments 

may be requested from the Office of Special Counsel:

    (1) By letter addressed to the Office of Special Counsel at 1730 M 

Street NW., Suite 300, Washington, DC 20036, or

    (2) By telephone on (202) 653-7188, or (1-800) 854-2824.

    (b) The Merit Systems Protection Board has exclusive authority to 

determine whether a violation of the Hatch



[[Page 41]]



Act Reform Amendments of 1993, as implemented by 5 CFR part 734, has 

occurred and to impose a minimum penalty of suspension for 30 days and a 

maximum penalty of removal for violation of the political activity 

restrictions regulated by this part. (5 U.S.C. 1204 and 7326).

    (c) The Office of Personnel Management is authorized to issue 

regulations describing the political activities which are permitted and 

prohibited under the Hatch Act Reform Amendments of 1993. (5 U.S.C. 

1103, 1104, 7325; Reorganization Plan No. 2 of 1978, 92 Stat. 3783, 3 

CFR 1978 Comp. p. 323; and E.O. 12107, 3 CFR 1978 Comp. p. 264.)



[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35100, July 5, 1996]