
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7463]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
           SUBCHAPTER V--DISCIPLINARY AND GRIEVANCE PROCEDURES
 
Sec. 7463. Other adverse actions

    (a) The Secretary shall prescribe by regulation procedures for the 
consideration of grievances of section 7401(1) employees arising from 
adverse personnel actions in which each action taken either--
        (1) is not a major adverse action; or
        (2) does not arise out of a question of professional conduct or 
    competence.

Disciplinary Appeals Boards shall not have jurisdiction to review such 
matters, other than as part of a mixed case (as defined in section 
7462(a)(3) of this title).
    (b) In the case of an employee who is a member of a collective 
bargaining unit under chapter 71 of title 5, the employee may seek 
review of an adverse action described in subsection (a) either under the 
grievance procedures provided through regulations prescribed under 
subsection (a) or through grievance procedures determined through 
collective bargaining, but not under both. The employee shall elect 
which grievance procedure to follow. Any such election may not be 
revoked.
    (c)(1) In any case in which charges are brought against a section 
7401(1) employee which could result in a major adverse action and which 
do not involve professional conduct or competence, the employee is 
entitled to the same notice and opportunity to answer with respect to 
those charges as provided in subparagraphs (A) and (B) of section 
7462(b)(1) of this title.
    (2) In any other case in which charges are brought against a section 
7401(1) employee, the employee is entitled to--
        (A) an advance written notice stating the specific reason for 
    the proposed action, and
        (B) a reasonable time to answer orally and in writing and to 
    furnish affidavits and other documentary evidence in support of the 
    answer.

    (d) Grievance procedures prescribed under subsection (a) shall 
include the following:
        (1) A right to formal review by an impartial examiner within the 
    Department of Veterans Affairs, who, in the case of an adverse 
    action arising from a question of professional conduct or 
    competence, shall be selected from the panel designated under 
    section 7464 of this title.
        (2) A right to a prompt report of the findings and 
    recommendations by the impartial examiner.
        (3) A right to a prompt review of the examiner's findings and 
    recommendations by an official of a higher level than the official 
    who decided upon the action. That official may accept, modify, or 
    reject the examiner's recommendations.

    (e) In any review of an adverse action under the grievance 
procedures prescribed under subsection (a), the employee is entitled to 
be represented by an attorney or other representative of the employee's 
choice at all stages of the case.

(Added Pub. L. 102-40, title II, Sec. 203(a), May 7, 1991, 105 Stat. 
205.)


                            Prior Provisions

    Provisions similar to those in this subchapter were contained in 
section 4110 of this title prior to the repeal of that section as part 
of the complete revision of chapter 73 of this title by Pub. L. 102-40.

                  Section Referred to in Other Sections

    This section is referred to in sections 7461, 7464 of this title.
