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suitability and national security inves- tion is requested, whether in person or tigations conducted under parts 731 by telephone, of the purpose for and 732 of this chapter; they also which the information is being sought apply to investigations to determine and of the uses that may be made of eligibility or qualifications not covered the information. The interviewing in parts 731 and 732 of this chapter agent must notify each person interThe requirements of this part apply to viewed and each custodian of records employees in the civil service of the contacted that all information providExecutive Branch and to persons per ed, including the record source's idenforming contract, voluntary or indirect tity, may be disclosed upon the reservices for the Federal Government, quest of the subject of the investigaas set forth in subsection (b) below. tion. (b) Definitions. For the purposes of

(b) The interviewing agent may this part, (1) Federal employment in

grant a pledge to keep confidential the cludes the following range of services

identity of an information source upon performed for the Federal govern

specific request by the source. In addiment: (i) All employment in the com

tion, the agent has discretion to offer petitive or excepted service or the

the source a pledge of confidentiality Senior Executive Service in the Execu

where the agent believes that such a tive Branch; (ii) appointments, sala

pledge is necessary to obtain informaried or unsalaried, to Federal Advisory

tion pertinent to the investigation. A Committees or to membership agen

pledge of confidentiality may not be cies; (iii) cooperative work assignments

assumed by the source. The interviewin which the individual has access to

ing agent may not suggest to a source Federal materials such as examination

that the source request confidentialbooklets, or performs service for, or

ity. under supervision of, a Federal agency

(c) Where information is requested while being paid by another organiza

by written inquiry, the form, instruction such as a State or local govern

tions, or correspondence used by an ment; (iv) volunteer arrangements in

agency will include: (1) Notification which the individual performs service

that all information furnished by the for, or under the supervision of, a Fed

source, including the source's identity, eral agency; and (v) volunteer or other arrangements in which the individual

except for custodians of law enforce

ment or educational records, may be represents the United States Govern

disclosed upon the request of the subment or any agency thereof.

ject of the investigation; and (2) Space (2) Agency means any authority of

for the information source to request the Government of the United States, whether or not it is within or subject

a pledge that the source's identity will

not be disclosed to the subject of the to review by another agency, and includes any executive department, mili

investigation; or (3) An offer to make tary department, Government corpo

special arrangements to obtain signifiration, Government-controlled corpo

cant information which the source ration, or other establishment in the

feels unable to furnish without a executive branch of the Government,

promise that the source's identity will or any independent regulatory agency.

be kept confidential. (3) Personnel investigation means

(d) A pledge of confidentiality, if an investigation conducted by written granted, extends only to the identity or telephone inquiries or through per

of the source, and to any information sonal contacts to determine the suit

furnished by the source that would ability, eligibility, or qualifications of

reveal the identity of the source. individuals for Federal employment, for work on Federal contracts, or for

8 736.103 Protecting the identity of a access to classified information or re

source. stricted areas.

When a source is granted a promise

that the source's identity will be kept 8 736.102 Notice to investigative sources.

confidential, the investigative agency (a) The agency investigator will and all other agencies that receive innotify the source from whom informa- formation obtained under the promise

PART 752-ADVERSE ACTIONS

are required to take all reasonable precautions to protect the source's identity. Each agency will prepare for its investigators and agents implementing instructions consistent with this part.

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

8 736.104 Public availability of investiga.

tive files. (a) Investigative files are records subject to the Privacy Act and the Freedom of Information Act and are made available to requesters in accordance with the provisions of those Acts.

Acts. (b) Requests for investigative records are to be submitted to the Office of Personnel Management, Federal Investigations Processing Center, FOI/PA, Boyers, Pennsylvania 16018.

752.201 Coverage. 752.202 Standard for action. 752.203 Procedures.

Subpart B-Investigative

Requirements

Subpart c-Principal Statutory Requirements

for Removal, Suspension for More Than 14 Days, Reduction In Grade or Pay, or Fur

lough for 30 Days or Less 752.301 Principal statutory requirements. Subpart D-Regulatory Requirements for Re

moval, 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.

8 736.201 Responsibilities of OPM and

other Federal agencies. (a) Unless provided otherwise by law, the investigation of persons entering or employed in the competitive service, or by career appointment in the Senior Executive Service, is the responsibility of OPM.

(b) Requests for delegated investigating authority. Agencies may request delegated authority from OPM to conduct or contract out investigations of persons entering or employed in the competitive service or by career appointment in the Senior Executive Service. Such requests shall be made in writing by agency heads, or designees, and specify the reason(s) for the request.

(c) Timing of investigations. Investigations required for positions must be initiated within 14 days of placement in the position except for: Positions designated Critical-Sensitive under part 732 of this chapter must be completed preplacement, or post-placement with approval of a waiver in accordance with $ 732.202(a) of this chapter; and for positions designated Special-Sensitive under part 732 of this chapter must be completed pre

ist be completed pro placement.

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 and 7514; 5 U.S.C. 1302, Pub. L. 96-494; Section 752.401 also issued under 5 U.S.C. 3301 and 3302, and E.O. 10577; Section 752.405 also issued under 5 U.S.C. 1302 and 7513; subpart Falso issued under 5 U.S.C. 7543.

SOURCE: 45 FR 46778, July 11, 1980, unless otherwise noted. ou

ten, 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.

Subpart A-Principal Statutory Re

quirements for Suspension for 14

Days or Less 8 752.101 Principal statutory require.

ments. 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

§ 7504. Regulations The Office of Personnel Management may prescribe regulations to carry out the pur. pose of this subchapter.

$ 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 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 tem. porary status without duties and pay.

$ 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.

$ 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 writ

Subpart B-Regulatory Requirements

for Suspension for 14 Days or Less 8 752.201 Coverage.

(a) Actions covered. This subpart covers suspension for 14 days or less.

(b) Employees covered. This subpart covers:

(1) An employee in the competitive service who has completd a probationary or trial period;

(2) An employee in the competitive service serving in an appointment which requires no probationary or trial period, and who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;

(3) An employee with competitive status who occupies a position under Schedule B of part 213 of this chapter;

(4) An employee who was in the competitive service at the time his or her position was first listed under Schedule A. B. or C of the excepted service and still occupies that position;

(5) A certified respiratory therapy technician, registered respiratory therapist, licensed physical therapist, and licensed practical or vocational nurse employed under 38 U.S.C. 4104(3);

(6) An employee of the Government Printing Office; and

(7) An employee of the Administrative Office of the U.S. Courts.

(c) Exclusions. This subpart does not apply to a suspension for 14 days or less:

(1) Of an administrative law judge under 5 U.S.C. 7521;

(2) Taken for national security reasons under 5 U.S.C. 7531;

(3) Taken under a provision of statute, other than one codified in 5 U.S.

Code, which excepts the action from ed during the action by an attorney or Subchapter I, Chapter 75 of Title 5, other representative. An agency may U.S. Code;

disallow as an employee's representa(4) Of a reemployed annuitant; or tive an individual whose activities as a (5) Of a National Guard Technician. representative would cause a conflict (d) Definitions. In this subpart

of interest or position, or an employee (1) "Day” means a calendar day. of the agency whose release from his

(2) “Current continuous employ. or her official position would give rise ment” means a period of employment to unreasonable costs or whose prioriimmediately preceding a suspension ty work assignments preclude his or action in the same or similar positions her release. without a break in Federal civilian em (e) Agency decision. In arriving at its ployment of a workday.

written decision, the agency shall con(3) “Similar positions" mean posi

sider only the reasons specified in the tions in which the duties performed

notice of proposed action and shall are similar in nature and character

consider any answer of the empoloyee and require substantially the same or

and/or his or her representative made similar qualifications, so that the in

to a designated official. The agency cumbent could be interchanged be shall deliver the notice of decision to tween the positions without signifi the employee at or before the time the cant training or undue interruption to

action will be effective. the work.

(f) Grievances. The employee may (4) “Suspension” means the placing

file a grievance through the agency of an employee, for disciplinary rea

administrative grievance system under sons, in a temporary status without

part 771 or, if the suspension falls duties and pay.

within the coverage of an applicable (45 FR 46778, July 11, 1980, as amended at 46 FR 12191, Feb. 13, 1981; 53 FR 21622,

negotiated grievance procedure, an

employee in an exclusive bargaining June 9, 1988]

unit may file a grievance only under 8 752.202 Standard for action.

that procedure. Sections 7114(a)(5)

and 7121(b)(3) of title 5 U.S.C., and (a) An agency may take action under

the terms of any collective bargaining this subpart only as set forth in 5 U.S.C. 7503(a).

agreement govern representation for (b) An agency may not take a sus

employees in an exclusive bargaining

unit who grieve a suspension under pension against an employee on the basis of any reason prohibited by 5

this subpart through the negotiated U.S.C. 2302.

grievance procedure.

(g) Agency records. The agency shall 8 752.203 Procedures.

maintain copies of the items specified

in 5 U.S.C. 7503(c) and shall furnish (a) Employee entitlements. An em

them upon request as required by that ployee under this subpart whose sus

subsection. pension is proposed under this subpart is entitled to the procedures provided (45 FR 46778, July 11, 1980, as amended at in 5 U.S.C. 7503(b).

53 FR 21622, June 9, 1988) (b) Notice of proposed action. The notice of proposal shall inform the

Subpart C—Principal Statutory Reemployee of his or her right to review

quirements for Removal, Suspenthe material which is relied on to sup

sion for More Than 14 Days, Report the reasons for action given in

duction in Grade or Pay, or Furthe notice. (c) Time to answer. The employee

lough for 30 Days or Less shall be given a reasonable time to

$ 752.301 Principal statutory requireanswer but not less than 24 hours. (d) Representation. Section

ments. 7503(b)(3) of title 5 of the United This subpart incorporates the princiStates Code provides that an employee pal statutory requirements in subcovered by this part whose suspension chapter II of chapter 75 of title 5, is proposed in entitled to be represent- United States Code, for removal, sus

pension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less.

CHAPTER 75-ADVERSE ACTIONS

SUBCHAPTER II-REMOVAL SUSPENSION FOR

MORE THAN 14 DAYS, REDUCTION IN
GRADE OR PAY, OR FURLOUGH FOR 30
DAYS OR LESS

§ 7511. Definitions; application (a) For the purpose of this subchapter(1) "employee" means

(A) 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 current continuous employment under other than a temporary appointment limited to 1 year or less; and

(B) a preference eligible in an Executive agency in the excepted service, and a preference eligible in the United States Postal Service or the Postal Rate Commission, who has completed 1 year of current continuous service in the same or similar positions;

(2) "suspension" has the meaning as set forth in section 7501(2) of this title;

(3) “grade" means a level of classification under a position classification system;

(4) "pay" means the rate of basic pay fixed by law or administrative action for the position held by an employee; and

(5) "furlough” means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.

(b) This subchapter does not apply to an employee

(1) whose appointment is made by and with the advise and consent of the Senate;

(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by

(A) the Office of Personnel Management for a position that it has excepted from the competitive service: or

(B) the President or the head of an agency for a position which is excepted from the competitive service by statute.

(c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office.

(B) a reduction-in-force action under section 3502 of this title,

(C) the reducation in grade of a supervisor or manager who has not completed the probationary period under section 3321(a)(2) of this title if such reduction is to the grade held immediately before becoming such a supervisor or manager,

(D) a reduction in grade or removal under section 4303 of this title, or

(E) an action initiated under section 1206 or 7521 of this title.

8 7513. Cause and procedure (a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for such cause as will promote the efficiency of the service.

(b) An employee against whom an action is proposed is entitled to

(1) at least 30 days' advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action;

a reasonable time, but not less than 7 days, 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 therefore at the earliest practicable date.

(c) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.

(d) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title.

(e) Copies of the notice of proposed action, the answer of the employee when written, a summary thereof when made orally, the notice of decision and reasons therefor, and an order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Board upon its request and to the employee affected upon the employee's request.

$ 7514. Regulations The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter, except as it concerns any matter with respect to which the Merit Systems Protection Board may prescribe regulations.

8 7512. Actions covered This Subchapter applies to(1) a removal; (2) a suspension for more than 14 days; (3) a reduction in grade; (4) a reduction in pay; and

(5) a furlough of 30 days or less; but does not apply to

(A) a suspension or removal under section 7532 of this title,

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