5 U.S.C. § 9204 — Adverse action

FEDERAL · 5 U.S.C. · Chapter 92

Adverse action

Current through Pub. L. 119-102

Title 5 — Government Organization and Employees·Ch. 92 — PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER

(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, suspens

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(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.

5 U.S.C. § 9204 (Adverse action) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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History

(Added Pub. L. 116–92, div. A, title XI, §1122(a), Dec. 20, 2019, 133 Stat. 1606.)

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