
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC1215]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
          PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
 
 CHAPTER 12--MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, 
                      AND EMPLOYEE RIGHT OF ACTION
 
                SUBCHAPTER II--OFFICE OF SPECIAL COUNSEL
 
Sec. 1215. Disciplinary action

    (a)(1) Except as provided in subsection (b), if the Special Counsel 
determines that disciplinary action should be taken against any employee 
for having--
        (A) committed a prohibited personnel practice,
        (B) violated the provisions of any law, rule, or regulation, or 
    engaged in any other conduct within the jurisdiction of the Special 
    Counsel as described in section 1216, or
        (C) knowingly and willfully refused or failed to comply with an 
    order of the Merit Systems Protection Board,

the Special Counsel shall prepare a written complaint against the 
employee containing the Special Counsel's determination, together with a 
statement of supporting facts, and present the complaint and statement 
to the employee and the Board, in accordance with this subsection.
    (2) Any employee against whom a complaint has been presented to the 
Merit Systems Protection Board under paragraph (1) is entitled to--
        (A) a reasonable time to answer orally and in writing, and to 
    furnish affidavits and other documentary evidence in support of the 
    answer;
        (B) be represented by an attorney or other representative;
        (C) a hearing before the Board or an administrative law judge 
    appointed under section 3105 and designated by the Board;
        (D) have a transcript kept of any hearing under subparagraph 
    (C); and
        (E) a written decision and reasons therefor at the earliest 
    practicable date, including a copy of any final order imposing 
    disciplinary action.

    (3) A final order of the Board may impose disciplinary action 
consisting of removal, reduction in grade, debarment from Federal 
employment for a period not to exceed 5 years, suspension, reprimand, or 
an assessment of a civil penalty not to exceed $1,000.
    (4) There may be no administrative appeal from an order of the 
Board. An employee subject to a final order imposing disciplinary action 
under this subsection may obtain judicial review of the order by filing 
a petition therefor with such court, and within such time, as provided 
for under section 7703(b).
    (5) In the case of any State or local officer or employee under 
chapter 15, the Board shall consider the case in accordance with the 
provisions of such chapter.
    (b) In the case of an employee in a confidential, policy-making, 
policy-determining, or policy-advocating position appointed by the 
President, by and with the advice and consent of the Senate (other than 
an individual in the Foreign Service of the United States), the 
complaint and statement referred to in subsection (a)(1), together with 
any response of the employee, shall be presented to the President for 
appropriate action in lieu of being presented under subsection (a).
    (c)(1) In the case of members of the uniformed services and 
individuals employed by any person under contract with an agency to 
provide goods or services, the Special Counsel may transmit 
recommendations for disciplinary or other appropriate action (including 
the evidence on which such recommendations are based) to the head of the 
agency concerned.
    (2) In any case in which the Special Counsel transmits 
recommendations to an agency head under paragraph (1), the agency head 
shall, within 60 days after receiving such recommendations, transmit a 
report to the Special Counsel on each recommendation and the action 
taken, or proposed to be taken, with respect to each such 
recommendation.

(Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 27.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1204, 1212, 1216, 1219, 
1221, 2105, 2302, 3393, 7121, 7502, 7512, 7521, 7542 of this title.
