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5 U.S.C. § 9204 - U.S. Code - Unannotated Title 5. Government Organization and Employees § 9204. Adverse action

Current as of January 01, 2024 | Updated by Findlaw Staff

(a)First violation.--If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall--

(1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and

(2) file such warning in the employee's official personnel record file.

(b)Subsequent violations.--If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:

(1) For a second violation, suspension of the employee for a period of not more than 7 days.

(2) For a third violation, suspension of the employee for a period of more than 7 days.

(3) For a fourth violation--

(A) suspension of the employee for a period of more than 7 days; and

(B) a civil penalty against the employee in an amount that is not more than $250.

(4) For a fifth violation--

(A) suspension of the employee for a period of more than 7 days; and

(B) a civil penalty against the employee in an amount that is not more than $500.

(5) For any subsequent violation--

(A) suspension of the employee for a period of more than 7 days; and

(B) a civil penalty against the employee in an amount that is not more than $1,000.

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Cite this article: FindLaw.com - 5 U.S.C. § 9204 - U.S. Code - Unannotated Title 5. Government Organization and Employees § 9204. Adverse action - last updated January 01, 2024 | https://codes.findlaw.com/us/title-5-government-organization-and-employees/5-usc-sect-9204/

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