{"identifier":"/us/usc/t5/s9204","title":5,"num":"\u00a7\u202f9204.","heading":"Adverse action","text":"\u00a7\u202f9204.\nAdverse action\n(a)\nFirst Violation.\u2014\nIf the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall\u2014\n(1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and\n(2) file such warning in the employee\u2019s official personnel record file.\n(b)\nSubsequent Violations.\u2014\nIf the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:\n(1) For a second violation, suspension of the employee for a period of not more than 7 days.\n(2) For a third violation, suspension of the employee for a period of more than 7 days.\n(3) For a fourth violation\u2014\n(A) suspension of the employee for a period of more than 7 days; and\n(B) a civil penalty against the employee in an amount that is not more than $250.\n(4) For a fifth violation\u2014\n(A) suspension of the employee for a period of more than 7 days; and\n(B) a civil penalty against the employee in an amount that is not more than $500.\n(5) For any subsequent violation\u2014\n(A) suspension of the employee for a period of more than 7 days; and\n(B) a civil penalty against the employee in an amount that is not more than $1,000.","url":"https://projectusc.org/usc/t5/s9204.html","content":[{"t":"sec","id":"/us/usc/t5/s9204","children":[{"t":"num","text":"\u00a7\u202f9204."},{"t":"heading","text":"Adverse action"},{"t":"subsec","id":"/us/usc/t5/s9204/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"First Violation.\u2014"},{"t":"chapeau","text":"If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall\u2014"},{"t":"para","id":"/us/usc/t5/s9204/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s9204/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" file such warning in the employee\u2019s official personnel record file.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t5/s9204/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Subsequent Violations.\u2014"},{"t":"chapeau","text":"If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:"},{"t":"para","id":"/us/usc/t5/s9204/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" For a second violation, suspension of the employee for a period of not more than 7 days.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s9204/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" For a third violation, suspension of the employee for a period of more than 7 days.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s9204/b/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" For a fourth violation\u2014"},{"t":"subpara","id":"/us/usc/t5/s9204/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" suspension of the employee for a period of more than 7 days; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s9204/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a civil penalty against the employee in an amount that is not more than $250.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s9204/b/4","children":[{"t":"num","text":"(4)"},{"t":"chapeau","text":" For a fifth violation\u2014"},{"t":"subpara","id":"/us/usc/t5/s9204/b/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" suspension of the employee for a period of more than 7 days; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s9204/b/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a civil penalty against the employee in an amount that is not more than $500.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s9204/b/5","children":[{"t":"num","text":"(5)"},{"t":"chapeau","text":" For any subsequent violation\u2014"},{"t":"subpara","id":"/us/usc/t5/s9204/b/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" suspension of the employee for a period of more than 7 days; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s9204/b/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a civil penalty against the employee in an amount that is not more than $1,000.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}