[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: 5CFR752.101] [Page 57-58] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 752_ADVERSE ACTIONS--Table of Contents Subpart A_Principal Statutory Requirements for Suspension for 14 Days or Less Sec. 752.101 Principal statutory requirements. Subpart A_Principal Statutory Requirements for Suspension for 14 Days or Less Sec. 752.101 Principal statutory requirements. Subpart B_Regulatory Requirements for Suspension for 14 Days or Less 752.201 Coverage. 752.202 Standard for action. 752.203 Procedures. Subpart C_Principal Statutory Requirements for Removal, Suspension for More Than 14 Days, Reduction In Grade or Pay, or Furlough for 30 Days or Less 752.301 Principal statutory requirements. Subpart D_Regulatory Requirements for Removal, Suspension for More Than 14 Days, Reduction in Grade or Pay, or Furlough for 30 Days or Less 752.401 Coverage. 752.402 Definitions. 752.403 Standard for action. 752.404 Procedures. 752.405 Appeal and grievance rights. 752.406 Agency records. Subpart E_Principal Statutory Requirements for Taking Adverse Actions Under the Senior Executive Service 752.501 Principal statutory requirements. Subpart F_Regulatory Requirements for Taking Adverse Actions Under the Senior Executive Service 752.601 Coverage. 752.602 Definitions. 752.603 Standard for action. 752.604 Procedures. 752.605 Appeal rights. 752.606 Agency records. Authority: 5 U.S.C. 7504, 7514, and 7543. Source: 45 FR 46778, July 11, 1980, unless otherwise noted. This subpart incorporates the principal statutory requirements for suspensions for 14 days or less, found in subchapter II of chapter 75 of title 5, United States Code. CHAPTER 75--ADVERSE ACTIONS Subchapter I--Suspension for 14 Days or Less Sec. 7501. Definitions For the purpose of this subchapter-- (1) ``employee'' means 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 [[Page 58]] current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; and (2) ``suspension'' means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay. Sec. 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. Sec. 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. Sec. 7504. Regulations The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.