- In certain circumstances, after the completion of an investigation, the PAB/OGC may initiate disciplinary proceedings against a GAO employee who is believed to have committed a prohibited personnel practice or who is believed to have engaged in prohibited political activity.
See 4 C.F.R. § 28.132 for the full text of the Board’s regulation on disciplinary
- PAB/OGC will prepare a written complaint for disciplinary action containing the PAB/OGC’s determination and a statement of the supporting facts. The PAB/OGC will file the complaint with the Personnel Appeals Board (Board) and provide a copy to the employee alleged to have committed a prohibited personnel practice or alleged to have engaged in a prohibited political activity.
- If the employee alleged to have committed the prohibited personnel practice is in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate, the complaint and statement and any response submitted by the employee will be submitted to Congress for appropriate action instead of being submitted to the Board. 4 C.F.R. §28.132(b).
- Any employee against whom a disciplinary proceeding has been instituted is entitled to:
- Reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
- Be represented by an attorney or other representative;
- A hearing before the Board or a member designated by the Board;
- Have a transcript kept of the hearing;
- A written decision and reasons therefore
- The Board may order removal, reduction in grade, debarment from GAO employment for a period not to exceed 5 years, suspension, reprimand, or assessment of a civil penalty not to exceed $1,000.
- If the Board orders discipline, the employee may appeal such order to the United States Court of Appeals for the Federal Circuit.