2019 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart H - Access to Criminal History Record Information
Chapter 92 - Prohibition on Criminal History Inquiries Prior to Conditional Offer
Sec. 9204 - Adverse action
| 5 U.S.C. § 9204 (2019) |
| §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. |
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(Added Pub. L. 116–92, div. A, title XI, §1122(a), Dec. 20, 2019, 133 Stat. 1606.) |
| United States Code, 2018 Edition, Supplement 1, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart H - Access to Criminal History Record Information CHAPTER 92 - PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER Sec. 9204 - Adverse action |
| section 9204 |
| 2019 |
| January 24, 2020 |
| Yes |
| standard |
| 133 Stat. 1606 |
| Public Law 116-92 |
