United States Code
USC most recently checked for updates: Oct 08, 2024
§ 9204.
Adverse action
(a)
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)
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.
cite as: 5 USC 9204