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 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.

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