§7513. Cause and procedure — Inbound Citations

Code of Federal Regulations Citations

Cited by 5 regulations in the Code of Federal Regulations.

• 5 C.F.R. § 1209.2(c) — Jurisdiction.

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  (c) In an individual right of action appeal, the only merits issues before the Board are those listed in 5 U.S.C. 1221(e), i.e., whether the appellant has demonstrated that whistleblowing or other protected activity was a contributing factor in one or more covered personnel actions and, if so, whether the agency has demonstrated by clear and convincing evidence that it would have taken the same personnel action(s) in the absence of the whistleblowing or other protected activity. The appellant may not raise affirmative defenses, such as claims of discrimination or harmful procedural error. In an IRA appeal that concerns an adverse action under 5 U.S.C. 7512, the agency need not prove its charges, nexus, or the reasonableness of the penalty, as a requirement under 5 U.S.C. 7513(a), i.e., that its action is taken “only for such cause as will promote the efficiency of the service.” However, the Board may consider the strength of the agency's evidence in support of its adverse action in determining whether the agency has demonstrated by clear and convincing evidence that it would have taken the same personnel action in the absence of the whistleblowing or other protected activity.

• 5 C.F.R. § 752.102(a) — Standard for action and penalty determination.

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  (a) Except for actions taken against supervisors covered under subchapter V of title 5, an agency may take an action under this subpart for such cause as will promote the efficiency of the service as described in 5 U.S.C. 7503(a) and 7513(a). For actions taken under this subpart against supervisors covered under subchapter V of title 5, an agency may take an action based on the standard described in 5 U.S.C. 7543(a).

• 5 C.F.R. § 752.103(b)(1) — Procedures.

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  (1) Except as provided in paragraph (b)(2) of this section, shall be subject to the same requirements and procedures, including those with respect to an appeal, as an action under 5 U.S.C. 7503, 7513, or 7543; and

• 5 C.F.R. § 752.404(a) — Procedures.

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  (a) An employee against whom action is proposed under this subpart is entitled to the procedures provided in 5 U.S.C. 7513(b).

• 5 C.F.R. § 752.405(a) — Appeal and grievance rights.

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  (a) Under the provisions of 5 U.S.C. 7513(d), an employee against whom an action is taken under this subpart is entitled to appeal to the Merit Systems Protection Board. Employees listed under § 752.401(d) may not appeal to the Merit Systems Protection Board under this section, irrespective of whether they or their positions were previously covered by this subpart.

Citations to 5 U.S.C. § 7513 as a whole

• 5 U.S.C. § 7371(e)(2)

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  (2) The procedures under section 7513(b)(2), (3), and (4), (c), (d), and (e) shall apply to any removal under this section. The employee may use the procedures to contest or appeal a removal, but only with respect to whether—

  (A) the employee is a law enforcement officer;

  (B) the employee was convicted of a felony; or

  (C) the conviction was overturned on appeal.

• 5 U.S.C. § 7515(b)(2)(C)(i)

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  (i) except as provided in clause (ii), shall be subject to the same requirements and procedures, including those with respect to an appeal, as an action under section 7503, 7513, or 7543; and

• 32 U.S.C. § 709(f)(5)

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  (5) with respect to an appeal concerning any activity not covered by paragraph (4), the provisions of sections 7511, 7512, and 7513 of title 5, and section 717 of the Civil Rights Act of 1991¹ (42 U.S.C. 2000e–16) shall apply; and

• 38 U.S.C. § 714(c)(1)(C)

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  (C) Paragraph (3) of subsection (b) of section 7513 of title 5 shall apply with respect to a removal, demotion, or suspension under this section.

• 38 U.S.C. § 731(a)(2)(C)

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  (C) Paragraphs (1) and (2) of subsection (b) of section 7513 of title 5, subsection (c) of such section, paragraphs (1) and (2) of subsection (b) of section 7543 of such title, and subsection (c) of such section shall not apply with respect to an adverse action carried out under paragraph (1).

Citations to §7513(b)

• 38 U.S.C. § 7101A(e)(2)

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  (2) In the case of a removal of a member under this section for a reason other than job performance that would be covered by section 7521 of title 5 in the case of an administrative law judge, the removal of the member of the Board shall be carried out subject to the same requirements as apply to removal of an administrative law judge under that section. Section 554(a)(2) of title 5 shall not apply to a removal action under this subsection. In such a removal action, a member shall have the rights set out in section 7513(b) of that title.

Citations to §7513(b)(1)

• 5 U.S.C. § 9508(d)(1)

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  (1) In applying sections 4303(b)(1)(A) and 7513(b)(1) to employees of the Internal Revenue Service, “30 days” may be deemed to be “15 days”.

Citations to §7513(b)(2)

• 5 U.S.C. § 7371(e)(2)

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  (2) The procedures under section 7513(b)(2), (3), and (4), (c), (d), and (e) shall apply to any removal under this section. The employee may use the procedures to contest or appeal a removal, but only with respect to whether—

  (A) the employee is a law enforcement officer;

  (B) the employee was convicted of a felony; or

  (C) the conviction was overturned on appeal.

Citations to §7513(b)(3)

• 5 U.S.C. § 7371(e)(2)

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  (2) The procedures under section 7513(b)(2), (3), and (4), (c), (d), and (e) shall apply to any removal under this section. The employee may use the procedures to contest or appeal a removal, but only with respect to whether—

  (A) the employee is a law enforcement officer;

  (B) the employee was convicted of a felony; or

  (C) the conviction was overturned on appeal.

Citations to §7513(b)(4)

• 5 U.S.C. § 7371(e)(2)

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  (2) The procedures under section 7513(b)(2), (3), and (4), (c), (d), and (e) shall apply to any removal under this section. The employee may use the procedures to contest or appeal a removal, but only with respect to whether—

  (A) the employee is a law enforcement officer;

  (B) the employee was convicted of a felony; or

  (C) the conviction was overturned on appeal.

Citations to §7513(c)

• 5 U.S.C. § 7515(b)(2)(C)(ii)(II)

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  (II) paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7513; and

• 38 U.S.C. § 731(a)(2)(C)

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  (C) Paragraphs (1) and (2) of subsection (b) of section 7513 of title 5, subsection (c) of such section, paragraphs (1) and (2) of subsection (b) of section 7543 of such title, and subsection (c) of such section shall not apply with respect to an adverse action carried out under paragraph (1).

Citations to §7513(d)

• 5 U.S.C. § 1221(i)

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  (i) Subsections (a) through (h) shall apply in any proceeding brought under section 7513(d) if, or to the extent that, a prohibited personnel practice as defined in section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) is alleged.

Citations to §7513(e)

• 5 U.S.C. § 7371(e)(2)

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  (2) The procedures under section 7513(b)(2), (3), and (4), (c), (d), and (e) shall apply to any removal under this section. The employee may use the procedures to contest or appeal a removal, but only with respect to whether—

  (A) the employee is a law enforcement officer;

  (B) the employee was convicted of a felony; or

  (C) the conviction was overturned on appeal.