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LegalText 5 U.S.C. § 7513 Cause and procedure us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 75 ADVERSE ACTIONS 7513 5 U.S.C. § 7513 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s7513 data/legal/raw/us/code/title-05/usc05.xml db8135e2bb7272b98f1d2e9aa3da400cfd6f532f9a1a7146f7f543e3af7ad815 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 e0c79c2693a5b6c478b701057f076319bbfa3b30796e706be8a50e934fe1c160 2026-07-04 official
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5 U.S.C. § 7513 - Cause and procedure

Text

(a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for such cause as will promote the efficiency of the service.

(b) An employee against whom an action is proposed is entitled to—

(1) at least 30 days advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action;

(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;

(3) be represented by an attorney or other representative; and

(4) a written decision and the specific reasons therefor at the earliest practicable date.

(c) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.

(d) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title.

(e) Copies of the notice of proposed action, the answer of the employee when written, a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Board upon its request and to the employee affected upon the employees request.

(Added Pub. L. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1136.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.