Federal Employee Administrative Hearing Rights Guarantee Act: Hearing Before the Subcommittee on Civil Service of the Committee on Post Office and Civil Service, House of Representatives, Ninety-fifth Congress, Firstr Session, on H.R. 6225 ... July 28, 1977 |
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Page 3
... ployee's office . There is always the possibility that back pay may be awarded the ousted employee , canceling any " savings " the agency may have in keeping the employee on the streets . And most importantly , there is little incentive ...
... ployee's office . There is always the possibility that back pay may be awarded the ousted employee , canceling any " savings " the agency may have in keeping the employee on the streets . And most importantly , there is little incentive ...
Page 10
... ployee against those of the agency and the Government . We feel strongly that the official documents themselves should be retained by the Government and that in taking an adverse action either copies must be provided the employee or the ...
... ployee against those of the agency and the Government . We feel strongly that the official documents themselves should be retained by the Government and that in taking an adverse action either copies must be provided the employee or the ...
Page 17
... ployee to request an oral appearance before the deciding officer . The investigative file can include affidavits , it can include whatever evidence is appropriate , but that evidence - all evidence that is relied upon by the agency must ...
... ployee to request an oral appearance before the deciding officer . The investigative file can include affidavits , it can include whatever evidence is appropriate , but that evidence - all evidence that is relied upon by the agency must ...
Page 20
... ployee's protections will be no different than they are now , and as we have stipulated before- Mr. TAYLOR . In these issues the nonveterans have already been sum- marily dismissed . And I agree with the chairman ; I don't see why we've ...
... ployee's protections will be no different than they are now , and as we have stipulated before- Mr. TAYLOR . In these issues the nonveterans have already been sum- marily dismissed . And I agree with the chairman ; I don't see why we've ...
Page 24
... ployee's plight , the IRS personnel director callously delayed any deci- sion for another 30 days , and then upheld the employee's termination . As a result , the employee lost the home he had worked years to obtain . To add to their ...
... ployee's plight , the IRS personnel director callously delayed any deci- sion for another 30 days , and then upheld the employee's termination . As a result , the employee lost the home he had worked years to obtain . To add to their ...
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Common terms and phrases
30 days Administrative Hearing Rights administrative law judge Administrative Procedures Act adverse action appeals agency head amended American Legion appeals officer appeals system appointment back pay believe bill BURNETT Chairman Civil Service Commission CLAY Commission's competitive service conclusions of law CONGRESS THE LIBRARY CONNERY constitutionality days or less discharged District Court due process employee's evidentiary hearing executive branch FEAA Federal Employee Appeals final decision findings of fact going Government Employees hearing officer Hearing Rights Guarantee impartial judicial review Justice KISTLER legislation LIBRARY OF CONGRES LIBRARY OF CONGRESS ment PATRICIA SCHROEDER PELLERZI ployee preference eligible employees present system pretermination hearing promote the efficiency proposed action rank or pay reduced in rank relevant evidence prior removal or suspension reply Rights Guarantee Act Robert N. C. Nix Schroeder statement statute statutory Subcommittee subsection suspension without pay TAYLOR tion TOBIAS United States Code veterans preference witnesses
Popular passages
Page 14 - USC § 863, provides that preference eligibles may be discharged only "for such cause as will promote the efficiency of the service" and, among other procedural rights, "shall have the right of appeal to the Civil Service Commission," whose decision is made binding on the employing agency. Respondents concede that petitioner's discharge was invalid if that Act is controlling. They contend, however, as was held by the courts below, that...
Page 44 - ... concerned. If the head of the agency fails to carry out the instructions of the Commission within ten days after receipt thereof, the Commission shall certify the facts to the Comptroller General of the United States, and shall furnish a copy of such certification to the head of the agency concerned; and thereafter no payment shall be made of the salary or wages accruing to the employee concerned.
Page 76 - I would like to thank you, Mr. Chairman, and the members of this committee for...
Page 69 - Congress can not restrict the choice of the head of a department to the point where he would have no choice; but it is not unconstitutional for an examining board to furnish a certain number of names obtained by a test from which the head of a department shall make selection.
Page 67 - An individual in the competitive service whose removal or suspension without pay is sought is entitled to reasons in writing and to — (1) notice of the action sought and of any charges preferred against him ; (2) a copy of the charges ; (3) a reasonable time for filing a written answer to the charges, with affidavits ; and (4) a written decision on the answer at the earliest practicable date. Examination of witnesses, trial, or hearing is not required but may be provided in the discretion of the...
Page 18 - ... in writing of the reasons for that determination. If, in the examiner's judgment, compliance with his request is essential to a full and fair hearing, he may postpone the hearing until such time as the agency complies with his request.
Page 73 - An individual in the competitive service may be removed or suspended without pay only for such cause as will promote the efficiency of the service.
Page 8 - When circumstances are such that the retention of the employee in an active duty status in his position may result in damage to Government property or may be detrimental to the interests of the Government or injurious to the employee, his fellow workers, or the general public...
Page 67 - Each employee in the competitive service shall have the right to appeal to the Civil Service Commission from an adverse decision of the administrative officer so acting, such appeal. to be processed in an identical manner to that provided for appeals under section 7701 of title 5 of the United States Code.
Page 2 - Department of Housing and Urban Development, Department of Health, Education, and Welfare, the Department of Justice, and the US Civil Service Commission.