C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 752—ADVERSE ACTIONS › Subpart D—Regulatory Requirements for Removal, Suspension for More Than 14 Days, Reduction in Grade or Pay, or Furlough for 30 Days or Less

5 C.F.R. § 752.406

Agency records

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The agency must maintain copies of, and will furnish to the Merit Systems Protection Board and to the employee upon his or her request, the following documents:

(a) Notice of the proposed action;

(b) Employee's written reply, if any;

(c) Summary of the employee's oral reply, if any;

(d) Notice of decision; and

(e) Any order effecting the action, together with any supporting material.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1984–2023 · leading case: Maria S. Miguel v. Dep't of the Army, 727 F.2d 1081 (Fed. Cir. 1984).
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Maria S. Miguel v. Dep't of the Army, 727 F.2d 1081 (Fed. Cir. 1984). “” See also, 5 C.F.R. §§ 752.406 , 1201.25(a)(4) (1982).”
Michael Maroney v. Dep't of the Air Force (MSPB 2022). “§ 7513 (e) and 5 C.F.R. § 752.406 (c), and that the agency did not argue that the appellant had given an oral reply at that time until it made its final submission on the date the record closed below.”
Shelly Smith v. Dep't of the Army (MSPB 2023). “See 5 C.F.R. § 752.406 (c) (requiring the agency to maintain copies of summaries of the employee’s oral reply to furnish to the Board or the employee upon request).”
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