5 CFR 752.404 - Procedures

Cite as5 CFR 752.404
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76 practice notes
  • Part II
    • United States
    • Federal Register February 01, 2005
    • February 1, 2005
    ...participating in the meet-and-confer process raised similar concerns. Generally, we agree and have revised the regulation to reflect 5 CFR 752.404(e). However, we have limited the applicability of this section to mandatory removal offenses because of their very nature. We have also clarifie......
  • Human Resources Management System; establishment,
    • United States
    • Federal Register February 01, 2005
    • February 1, 2005
    ...participating in the meet-and-confer process raised similar concerns. Generally, we agree and have revised the regulation to reflect 5 CFR 752.404(e). However, we have limited the applicability of this section to mandatory removal offenses because of their very nature. We have also clarifie......
  • Victor L. Yu v. U.S. Dep't of Veterans Affairs, Civil Action No. 08-933
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • July 5, 2011
    ...provided with notice of and reasons for a personnel action along as well as information regarding any appeal or grievance rights, see 5 C.F.R. § 752.404; 5 U.S.C. § 7511(b)(10), but the appeal process testified to by Jain and Moreland, which Dr. Yu claims Jain indicated was the was the only......
  • Willingham v. Gonzales, No. CIV.02-1972 ESH.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • August 30, 2005
    ...imprisonment,6 DEA regulations required the plaintiff to respond within seven days to the proposal, rather than the standard 30. See 5 C.F.R. § 752.404(d). (See also Def.'s Ex. 1-E (Proposal Letter).) In fact, though the proposal letter gave plaintiff only seven days to respond, she was eve......
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72 cases
  • Victor L. Yu v. U.S. Dep't of Veterans Affairs, Civil Action No. 08-933
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • July 5, 2011
    ...provided with notice of and reasons for a personnel action along as well as information regarding any appeal or grievance rights, see 5 C.F.R. § 752.404; 5 U.S.C. § 7511(b)(10), but the appeal process testified to by Jain and Moreland, which Dr. Yu claims Jain indicated was the was the only......
  • Bush v. Lucas, No. 81-469
    • United States
    • United States Supreme Court
    • June 13, 1983
    ...has the discretionary authority to provide an evidentiary hearing. 5 U.S.C. § 7501(b) (1976); 5 U.S.C. § 7513(c) (Supp. V 1981); see 5 CFR § 752.404(g) (1983). As amended in 1978, the statute gives the employee the right to representation by an attorney or other person. 5 U.S.C. § 7513(b)(3......
  • Willingham v. Gonzales, No. CIV.02-1972 ESH.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • August 30, 2005
    ...imprisonment,6 DEA regulations required the plaintiff to respond within seven days to the proposal, rather than the standard 30. See 5 C.F.R. § 752.404(d). (See also Def.'s Ex. 1-E (Proposal Letter).) In fact, though the proposal letter gave plaintiff only seven days to respond, she was eve......
  • Horner v. Schuck, Nos. 86-1723
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • April 6, 1988
    ...appeals. In Horner v. Andrzjewski, 811 F.2d 571 (Fed.Cir.1987), this court reversed an MSPB decision and upheld an OPM regulation, 5 C.F.R. Sec. 752.404(d)(2), which permitted agencies to furlough employees without notice or opportunity for reply under certain emergency conditions. However,......
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1 firm's commentaries
  • Paid Administrative Leave: There Ought To Be A Law
    • United States
    • JD Supra United States
    • March 3, 2017
    ...person property. To understand its genesis, one must understand one of the only existing regulations authorizing PAL: OPM regulation at 5 CFR §752.404 (b) (3): Under ordinary circumstances, an employee whose removal … has been proposed will remain on duty … during the advance notice period.......

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