U.S. Code » Title 5 » Part PART II— CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES › Chapter CHAPTER 15— POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES

5 U.S.C. § 1504

Investigations; notice of hearing

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When a Federal agency charged with the duty of making a loan or grant of funds of the United States for use in an activity by a State or local officer or employee has reason to believe that the officer or employee has violated section 1502 of this title, it shall report the matter to the Special Counsel. On receipt of the report or on receipt of other information which seems to the Special Counsel to warrant an investigation, the Special Counsel shall investigate the report and such other information and present his findings and any charges based on such findings to the Merit Systems Protection Board, which shall—(1) fix a time and place for a hearing; and(2) send, by registered or certified mail, to the officer or employee charged with the violation and to the State or local agency employing him a notice setting forth a summary of the alleged violation and giving the time and place of the hearing.The hearing may not be held earlier than 10 days after the mailing of the notice.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95–454, title IX, § 906(a)(7), Oct. 13, 1978, 92 Stat. 1225.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 118k(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence).

July 19, 1940, ch. 640 § 4 “Sec. 12(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence)”, 54 Stat. 768.

June 11, 1960, Pub. L. 86–507, § 1(1), 74 Stat. 200.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesAmendments

1978—Pub. L. 95–454 substituted provisions respecting the functions of the Special Counsel and the Merit Systems Protection Board for provisions respecting the functions of the Civil Service Commission.

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Notes of Decisions
Cited in 11 cases, 1969–2008 · leading case: Lisa B. Williams v. U.S. Merit Sys. Prot. Bd., & Off. of Special Couns. Governor's Off. for Individuals With Disabilities, 15 F.3d 46 (4th Cir. 1994).
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Lisa B. Williams v. U.S. Merit Sys. Prot. Bd., & Off. of Special Couns. Governor's Off. for Individuals With Disabilities, 15 F.3d 46 (4th Cir. 1994). · cites it 2× “The Office of Special Counsel (OSC), a federal agency charged with investigating violations of the Hatch Act pursuant to 5 U.S.C. § 1504 (1988) 2 , warned Williams that her candidacy was in violation of the Hatch Act.”
In re the Arbitration between Blackburne & Governor's Off. of Emp. Relations, 664 N.E.2d 1222 (NY 1996). “In accordance with 5 USC §§ 1504 and 1505, an administrative hearing was held.”
Utah Dep't of Human Servs. v. Hughes, 2007 UT 30 (Utah 2007). “(citing 5 U.S.C. § 1504 (2002)). 30 . Id. (citing 5 U.”
Anna Smith v. United States Civil Serv. Comm'n, 520 F.2d 731 (7th Cir. 1975). “The portion of the Hatch Act which applies to State and local employees contemplates investigation by the Civil Service Commission and notice of hearing, 5 U.S.C. § 1504 , hearing, Id. § 1505, and judicial review to the United States District Court for the district in which the…”
Fela v. US, Merit Sys. Prot. Bd., 730 F. Supp. 779 (N.D. Ohio 1989). “Cuyahoga Falls was included as a named party to these proceedings under 5 U.S.C. §§ 1504 , 1505. Subsequent to a hearing on the merits of the complaint, the CAU recommended that the Board issue an order to remove Mr.”
Brooks v. Nacrelli, 331 F. Supp. 1350 (E.D. Pa. 1971). “The Act provides ( 5 U.S.C. § 1504 , 1505) that violations are to be reported to the Civil Service Commission.”
Dingess v. Hampton, 305 F. Supp. 169 (D.D.C. 1969). “That Act provides ( 5 U.S.C. §§ 1504 , 1505) that violations are to be reported to the Civil Service Commission which shall investigate a possible violation and, if it sees fit, set it for hearing at which the employee (or the State or local agency employing him, or both) may…”
Perkins v. Off. of Special Couns., 522 F.3d 1373 (Fed. Cir. 2008). “See 5 U.S.C. § 1504 . The simple and straightforward response to Mr.”
McKechnie v. McDermott, 595 F. Supp. 672 (N.D. Ind. 1984). “Under 5 U.S.C. § 1504 , the question of whether Mr.”
In re the Arbitration between Blackburne & Governor's Off. of Emp. Relations, 211 A.D.2d 13 (N.Y. App. Div. 1995). “We find this clause applicable in this matter, particularly since the Hatch Act accords a full evidentiary hearing to an accused violator and further provides for judicial review of Protection Board orders through a proceeding in the United States District Court * (see, 5 USC §§…”
In re Alleged Prohibited Political Activity Philadelphia Redevelopment Auth., 443 F. Supp. 1194 (E.D. Pa. 1977). “5 U.S.C. § 1504 . . Either the State or local officer or employee or the State or local agency employing him, or both, are entitled to appear with counsel at the hearing under section 1504 of this title, and be heard.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.