[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: 5CFR752.203]



[Page 59]

 

                    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 employee 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]