Federal · Title 5 — Government Organization and Employees

5 U.S.C. § 7543: Cause and procedure

Civil

What this law says, in plain English

Federal agencies may discipline employees for misconduct, neglect of duty, malfeasance, or failure to accept reassignment, with procedural protections including advance notice, opportunity to respond, representation rights, and written decisions.

Read the full statutory text
Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. at least 30 days’ advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action; 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; be represented by an attorney or other representative; and a written decision and specific reasons therefor at the earliest practicable date. 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. 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 . Copies of the notice of proposed action, the answer of the employee when written, and 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 Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.