5 U.S.C. § 9204

Adverse action

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(a)First Violation.—If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—(1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and(2) file such warning in the employee’s official personnel record file.(b)Subsequent Violations.—If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:(1) For a second violation, suspension of the employee for a period of not more than 7 days.(2) For a third violation, suspension of the employee for a period of more than 7 days.(3) For a fourth violation—(A) suspension of the employee for a period of more than 7 days; and(B) a civil penalty against the employee in an amount that is not more than $250.(4) For a fifth violation—(A) suspension of the employee for a period of more than 7 days; and(B) a civil penalty against the employee in an amount that is not more than $500.(5) For any subsequent violation—(A) suspension of the employee for a period of more than 7 days; and(B) a civil penalty against the employee in an amount that is not more than $1,000.(Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1606.)