3 FAM 4520
ADVERSE ACTION PROCEDURES FOR SUSPENSIONS OF 14 DAYS OR LESS
(CT:PER-642;
06-22-2011)
(Office of Origin: HR/ER/CSD)
3 FAM 4521 ACTIONS NOT COVERED
(CT:PER-642; 06-22-2011)
(Reviewed and Revalidated)
(State Only)
(Applies to Civil Service Employees)
3 FAM 4520 does
not apply to actions cited in 5 CFR 752.201(c).
3 FAM 4522 EMPLOYEES COVERED
(CT:PER-642; 06-22-2011)
(Reviewed and Revalidated)
(State Only)
(Applies to Civil Service Employees)
3 FAM 4520
applies to employees cited in 5 CFR 752.201(b).
3 FAM 4523 PROCEDURES
(CT:PER-642; 06-22-2011)
(State Only)
(Applies to Civil Service Employees)
a. An employee against whom an adverse action of
suspension of 14 days or less is proposed under 3 FAM 4515 is
entitled to the procedures set forth in 5 U.S.C. 7503(b) and 5 CFR 752.203.
b. An employee must
be given an advance written notice stating the specific reasons for proposed
action.
c. The Department will allow an employee a reasonable
time, normally 10 days, but not less than 24 hours, to answer orally and/or in
writing a notice of proposed suspension of 14 calendar days or less. However,
the Department may make changes in the time limit if it deems it necessary to
do so.
d. An employees attorney or other representative must
be designated in writing to the deciding official.
e. The deciding official must
give the employee a reasonable opportunity to make any presentations which are
relevant to the final decision on the case. However, this does not include the
right to discovery or a formal hearing with examination of witness.
f. The deciding official must consider only the reasons specified in the
notice of the proposed action and must
consider any answer of the employee and/or his or her representative.
g. The deciding official must
notify the employee, in writing, at the earliest practicable date of:
(1) Which reasons in the proposed notice have been
found sustained and which have not been sustained; and
(2) The right to grieve a suspension of 14 calendar
days or less under the Departments administrative grievance procedures (3 FAM
4700) or any negotiated grievance-arbitration procedure applicable to the
employee.
The decision to suspend must
be delivered to the employee at or before the time the action will be
effective.
3 FAM 4524 THROUGH 4529 UNASSIGNED