[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.132]

[Page 60-61]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
     Subpart G_Corrective Action, Disciplinary and Stay Proceedings
 
Sec.  28.132  Disciplinary proceedings.

    (a) If the General Counsel determines after any investigation under 
31 U.S.C. 752(b) that disciplinary action should be initiated against an 
employee, the General Counsel shall prepare a written complaint against 
the employee containing his or her determination, together with a 
statement of the supporting facts, and present the complaint and the 
statement to the employee and the Board in accordance with paragraphs 
(b) and (c) of this section.
    (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, the 
complaint and statement referred to in paragraph (a) of this section, 
with any response by the employee, shall be presented to the Congress 
for appropriate action in lieu of being presented under paragraph (d) of 
this section.
    (c) Any employee against whom a complaint has been presented to the 
Board under paragraph (a) of this section is entitled to:
    (1) A reasonable time to answer orally and in writing and to furnish 
affidavits and other documentary evidence in support of the answer;
    (2) Be represented by an attorney or other representative;

[[Page 61]]

    (3) A hearing before the Board or a member designated by the Board;
    (4) Have a transcript kept of any hearing under paragraph (c)(3) of 
this section; and
    (5) A written decision and reasons therefor at the earliest 
practicable date, including a copy of a final decision ordering 
disciplinary action.
    (d) A final order of the Board may order disciplinary action 
consisting of removal, reduction in grade, debarment from GAO employment 
for a period not to exceed 5 years, suspension, reprimand, or an 
assessment of civil penalty not to exceed $1,000.
    (e) An employee subject to a final decision ordering disciplinary 
action under this section may obtain judicial review of the order in the 
U.S. Court of Appeals for the Federal Circuit in accordance with 31 
U.S.C. 755.

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69304, Dec. 12, 2003]