United States Code · Section
§ 9204 — Adverse Action
5 U.S.C. § 9204
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(a) 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—
(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
(2) file such warning in the employee’s official personnel record file.
(b) 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:
(1) For a second violation, suspension of the employee for a period of not more than 7 days.
(2) For a third violation, suspension of the employee for a period of more than 7 days.
(3) For a fourth violation—
(A) suspension of the employee for a period of more than 7 days; and
(B) a civil penalty against the employee in an amount that is not more than $250.
(4) For a fifth violation—
(A) suspension of the employee for a period of more than 7 days; and
(B) a civil penalty against the employee in an amount that is not more than $500.
(5) For any subsequent violation—
(A) suspension of the employee for a period of more than 7 days; and
(B) a civil penalty against the employee in an amount that is not more than $1,000.
Implementing Regulations
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§ 754.201 Coverage.5 C.F.R. § 754.201
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§ 754.202 Penalty determination.5 C.F.R. § 754.202