ADVERSE ACTION PROCEDURES FOR SUSPENSIONS OF 14 DAYS OR LESS
(CT:PER-1159; 10-18-2023)
(Office of Origin: GTM/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-1159; 10-18-2023)
(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 employee’s 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 their 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 Department’s 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