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- In certain circumstances, after the completion
of an investigation, the PAB/OGC may initiate disciplinary proceeding against
a GAO employee who is believed to have committed a prohibited personnel
practice or who is believed to have engaged in prohibited political activity.
See 4 C.F.R. § 28.132 for the full text of the Board’s regulation on disciplinary
proceedings.
- PAB/OGC will prepare a written complaint for disciplinary
action containing the PAB/OGC’s determination and a statement of the supporting
facts. The PAB/OGC will file the complaint with the Personnel Appeals Board
(Board) and provide a copy to the employee alleged to have committed a prohibited
personnel practice or alleged to have engaged in a prohibited political
activity.
- If the employee alleged to have committed the prohibited
personnel practice is 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, the complaint and statement and any response
submitted by the employee will be submitted to the Congress for appropriate
action instead of being submitted to the Board.
- Any employee against whom a disciplinary proceeding
has been instituted is entitled to:
- Reasonable time to answer orally and in writing
and to furnish affidavits and other documentary evidence in support of
the answer;
- Be represented by an attorney or other representative;
- A hearing before the Board or a member designated
by the Board;
- Have a transcript kept of the hearing;
- A written decision and reasons therefore
- The Board may order removal, reduction in grade,
debarment from GAO employment for a period not to exceed 5 years, suspension,
reprimand, or assessment of a civil penalty not to exceed $1000.
- If the Board orders discipline, the employee may
appeal such order to the United States Court of Appeals for the Federal
Circuit.
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