--- kind: "section" citation: "38 U.S.C. § 7464" title: "38" title_heading: "Veterans’ Benefits" number: "7464" heading: "Disciplinary Appeals Boards" release: "119-102" url: "https://uscodex.org/usc/38/7464" units: - "Part V — Boards, Administrations, and Services" - "Chapter 74 — Veterans Health Administration—personnel" - "Subchapter V — Disciplinary and Grievance Procedures" --- # §7464. Disciplinary Appeals Boards - (a) The [Secretary](/usc/38/101.md?p=1) shall from time to time appoint boards to hear appeals of major adverse actions described in [section 7462 of this title](/usc/38/7462.md). Such boards shall be known as Disciplinary Appeals Boards. Each board shall consist of three [employees](/usc/38/4303.md?p=3) of the [Department](/usc/38/101.md?p=1), each of whom shall be of the same grade as, or be senior in grade to, the [employee](/usc/38/4303.md?p=3) who is appealing an adverse action. At least two of the members of each board shall be employed in the same category of position as the [employee](/usc/38/4303.md?p=3) who is appealing the adverse action. Members of a board shall be appointed from individuals on the panel established under [subsection (d)](#d). - (b) - (1) In appointing a board for any case, the [Secretary](/usc/38/101.md?p=1) shall designate one of the members to be chairman and one of the members to be [secretary](/usc/38/101.md?p=1) of the board, each of whom shall have authority to administer oaths. - (2) Appointment of boards, and the proceedings of such boards, shall be carried out under regulations prescribed by the [Secretary](/usc/38/101.md?p=1). A verbatim record shall be maintained of board hearings. - (c) - (1) Notwithstanding sections [5701](/usc/38/5701.md) and [7332](/usc/38/7332.md) of this title, the chairman of a board, upon request of an [employee](/usc/38/4303.md?p=3) whose case is under consideration by the board (or a representative of that [employee](/usc/38/4303.md?p=3)) may, in connection with the considerations of the board, review records or information covered by those sections and may authorize the disclosure of such records or information to that [employee](/usc/38/4303.md?p=3) (or representative) to the extent the board considers appropriate for purposes of the proceedings of the board in that case. - (2) In any such case the board chairman may direct that measures be taken to protect the personal privacy of individuals whose records are involved. Any person who uses or discloses a record or information covered by this subsection for any purpose other than in connection with the proceedings of the board shall be fined not more than $5,000 in the case of a first offense and not more than $20,000 in the case of a subsequent offense. - (d) - (1) The [Secretary](/usc/38/101.md?p=1) shall provide for the periodic designation of [employees](/usc/38/4303.md?p=3) of the [Department](/usc/38/101.md?p=1) who are qualified to serve on Disciplinary Appeals Boards. Those [employees](/usc/38/4303.md?p=3) shall constitute the panel from which board members in a case are appointed. The [Secretary](/usc/38/101.md?p=1) shall provide (without charge) a list of the names of [employees](/usc/38/4303.md?p=3) on the panel to any person requesting such list. - (2) The [Secretary](/usc/38/101.md?p=1) shall announce periodically, and not less often than annually, that the roster of [employees](/usc/38/4303.md?p=3) on the panel is available as described in [paragraph (1)](#d-1). Such announcement shall be made at [Department](/usc/38/101.md?p=1) medical facilities and through publication in the Federal Register. Notice of a name being on the list must be provided at least 30 days before the individual selected may serve on a Board or as a grievance examiner. [Employees](/usc/38/4303.md?p=3), [employee](/usc/38/4303.md?p=3) organizations, and other interested parties may submit comments to the [Secretary](/usc/38/101.md?p=1) concerning the suitability for service on the panel of any [employee](/usc/38/4303.md?p=3) whose name is on the list. - (3) The [Secretary](/usc/38/101.md?p=1) shall provide training in the functions and duties of Disciplinary Appeals Boards and grievance procedures under [section 7463 of this title](/usc/38/7463.md) for [employees](/usc/38/4303.md?p=3) selected to be on the panel. ## Source credit (Added Pub. L. 102–40, title II, § 203(a), May 7, 1991, 105 Stat. 206.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to those in this subchapter were contained in section 4110 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.