66 PART 754 [RESERVED] PART 771—AGENCY ADMINISTRA- TIVE GRIEVANCE SYSTEM PART 772—INTERIM RELIEF Subpart A

This is the html version of the file http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2003/pdf/5cfr772.102.pdf.
G o o g l e automatically generates html versions of documents as we crawl the web.
To link to or bookmark this page, use the following url:

http://www.google.com/search?q=cache:2_tCa8uAzAEJ:a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2003/pdf/5cfr772.102.pdf+5+USC+1302&hl=en&ct=clnk&cd=5&gl=us

Google is neither affiliated with the authors of this page nor responsible for its content.

These search terms have been highlighted:

usc

1302

Page 1

5 CFR Ch. I (1–1–03 Edition)

§ 752.605

notice of decision shall inform the ap-

pointee of his or her appeal rights.

(g) Hearing. Under 5 U.S.C. 7543(c),

the agency may, in its regulations, pro-

vide a hearing in place of or in addition

to the opportunity for written and oral

reply.

§752.605 Appeal rights.

(a) Under 5 U.S.C. 7543(d), a career ap-

pointee against whom an action is

taken under this subpart is entitled to

appeal to the Merit Systems Protec-

tion Board.

(b) A limited term or limited emer-

gency appointee who is covered under

§752.601(c)(2) also may appeal an action

taken under this subpart to the Merit

Systems Protection Board.

§752.606 Agency records.

The agency shall maintain copies of

the adverse action record items speci-

fied in 5 U.S.C. 7543(e) and furnish them

upon request as required by that sub-

section.

PART 754 [RESERVED]

PART 771—AGENCY ADMINISTRA-

TIVE GRIEVANCE SYSTEM

UTHORITY

: 5 U.S.C. 1302, 3301, 3302, 7301;

E.O. 9830, 3 CFR 1945–1948 Comp., pp. 606–624;

E.O. 11222, 3 CFR 1964–1969 Comp., p. 306.

§771.101 Continuation of Grievance

Systems.

Each administrative grievance sys-

tem in operation as of October 11, 1995,

that has been established under former

regulations under this part must re-

main in effect until the system is ei-

ther modified by the agency or re-

placed with another dispute resolution

process.

[60 FR 47040, Sept. 11, 1995]

PART 772—INTERIM RELIEF

Subpart A—General

Sec.

772.101 Basic authority.

772.102 Interim personnel actions.

UTHORITY

: 5 U.S.C. 1302, 3301, 3302, and

7301; Pub. L. 101–12.

OURCE

: 57 FR 3712, Jan. 31, 1992, unless

otherwise noted.

Subpart A—General

§772.101 Basic authority.

This part establishes a mechanism

for agencies to provide interim relief to

employees and applicants for employ-

ment who prevail in an initial decision

issued by the Merit Systems Protec-

tion Board (MSPB) as required by the

Whistleblower Protection Act of 1989,

Pub. L. 101–12 (codified at 5 U.S.C.

7701(b)(2)(A)). The interim relief provi-

sions of the law are applicable whether

or not alleged reprisal for whistle-

blowing is at issue in an appeal to

MSPB.

§772.102 Interim personnel actions.

When an employee or applicant for

employment appeals an action to

MSPB and the appeal results in an ini-

tial decision by an MSPB administra-

tive judge granting interim relief

under 5 U.S.C. 7701(b)(2)(A) and a peti-

tion for review of the initial decision is

filed (or will be filed) with the full

Board under 5 U.S.C. 7701(e)(1)(A), the

agency shall provide the relief ordered

in the initial decision by taking an in-

terim personnel action subject to the

following terms:

(a) Interim personnel actions shall be

made effective upon the date of

issuance of the initial decision and

must be initiated on or before the date

of a petition for review by the agency

or within a reasonable period after the

date it becomes aware of a petition for

review by the appellant;

(b) The relief provided by interim

personnel actions shall end:

(1) When the full Board issues a final

decision on a petition for review filed

by an applicant for employment, em-

ployee, and/or agency under 5 U.S.C.

7701(e)(1)(A),

(2) When the initial decision becomes

final pursuant to an action of the full

Board or pursuant to a decision by an

applicant for employment, employee,

and/or agency to withdraw (or change

intentions to file) any petition for re-

view filed under 5 U.S.C. 7701(e)(1)(A),

(3) When the applicant for employ-

ment or employee requests or reaches

VerDate Dec<13>2002 09:49 Feb 11, 2003 Jkt 200008 PO 00000 Frm 00066 Fmt 8010 Sfmt 8010 Y:\SGML\200008T.XXX

200008T

Page 2

Office of Personnel Management

Pt. 792

agreement with the agency that the in-

terim relief ordered in the initial deci-

sion be cancelled;

plicant for employment or employee to

the same compensation and benefits he

or she would receive if the relief ef-

fected had not been on an interim basis

except as provided in paragraph (f) of

this section;

(d) An interim personnel action shall

not be taken if the MSPB administra-

tive judge, pursuant to 5 U.S.C.

7701(b)(2)(A)(i), determines that grant-

ing interim relief is not appropriate;

(e) An interim personnel action under

this part shall not entitle the applicant

for employment or employee to an

award of back pay or attorney fees.

[57 FR 3712, Jan. 31, 1992, as amended at 59

FR 36353, July 18, 1994; 59 FR 65704, Dec. 21,

1994]

PART 792—FEDERAL EMPLOYEES’

HEALTH AND COUNSELING PRO-

GRAMS

Subpart A—Regulatory Requirements for

Alcoholism and Drug Abuse Programs

and Services for Federal Civilian Em-

ployees

Sec.

792.101 Statutory requirements.

792.102 General.

792.103 Coverage.

792.104 Responsibilities of the Office of Per-

sonnel Management.

792.105 Agency responsibilities.

Subpart B—Agency Use of Appropriated

Funds for Child Care Costs for Lower

Income Employees—What is the New

Child Care Legislation and to Whom

Does It Apply?

792.200 To whom do ‘‘we’’, ‘‘you’’, and their

variants apply?

792.201 What does the new law permit?

792.202 What is the purpose of the new law?

792.203 Should we notify anyone of our in-

tention to initiate a program and when

can the obligation be made?

792.204 Are there sample memoranda and