
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7464]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
           SUBCHAPTER V--DISCIPLINARY AND GRIEVANCE PROCEDURES
 
Sec. 7464. Disciplinary Appeals Boards

    (a) The Secretary shall from time to time appoint boards to hear 
appeals of major adverse actions described in section 7462 of this 
title. Such boards shall be known as Disciplinary Appeals Boards. Each 
board shall consist of three employees of the Department, each of whom 
shall be of the same grade as, or be senior in grade to, the employee 
who is appealing an adverse action. At least two of the members of each 
board shall be employed in the same category of position as the employee 
who is appealing the adverse action. Members of a board shall be 
appointed from individuals on the panel established under subsection 
(d).
    (b)(1) In appointing a board for any case, the Secretary shall 
designate one of the members to be chairman and one of the members to be 
secretary of the board, each of whom shall have authority to administer 
oaths.
    (2) Appointment of boards, and the proceedings of such boards, shall 
be carried out under regulations prescribed by the Secretary. A verbatim 
record shall be maintained of board hearings.
    (c)(1) Notwithstanding sections 5701 and 7332 of this title, the 
chairman of a board, upon request of an employee whose case is under 
consideration by the board (or a representative of that employee) may, 
in connection with the considerations of the board, review records or 
information covered by those sections and may authorize the disclosure 
of such records or information to that employee (or representative) to 
the extent the board considers appropriate for purposes of the 
proceedings of the board in that case.
    (2) In any such case the board chairman may direct that measures be 
taken to protect the personal privacy of individuals whose records are 
involved. Any person who uses or discloses a record or information 
covered by this subsection for any purpose other than in connection with 
the proceedings of the board shall be fined not more than $5,000 in the 
case of a first offense and not more than $20,000 in the case of a 
subsequent offense.
    (d)(1) The Secretary shall provide for the periodic designation of 
employees of the Department who are qualified to serve on Disciplinary 
Appeals Boards. Those employees shall constitute the panel from which 
board members in a case are appointed. The Secretary shall provide 
(without charge) a list of the names of employees on the panel to any 
person requesting such list.
    (2) The Secretary shall announce periodically, and not less often 
than annually, that the roster of employees on the panel is available as 
described in paragraph (1). Such announcement shall be made at 
Department medical facilities and through publication in the Federal 
Register. Notice of a name being on the list must be provided at least 
30 days before the individual selected may serve on a Board or as a 
grievance examiner. Employees, employee organizations, and other 
interested parties may submit comments to the Secretary concerning the 
suitability for service on the panel of any employee whose name is on 
the list.
    (3) The Secretary shall provide training in the functions and duties 
of Disciplinary Appeals Boards and grievance procedures under section 
7463 of this title for employees selected to be on the panel.

(Added Pub. L. 102-40, title II, Sec. 203(a), May 7, 1991, 105 Stat. 
206.)


                            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 7462, 7463 of this title.
