
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7513]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                       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
 
Sec. 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;
        (2) 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 therefor 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 any 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.

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92 Stat. 
1136.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1221, 7371, 9508 of this 
title; title 38 section 7101A.
