IN MARYLAND-Continued North Brentwood (May 6, 1941). North Chevy Chase (July 22, 1942). Northwest Park (Feb. 17, 1943). Prince Georges County (June 19, 1962). Alexandria (Apr. 15, 1941). Fairfax County (Nov. 10, 1949). Prince William County (Feb. 14, 1967). Bremerton, Wash. (Feb. 27, 1946). Warner Robins, Ga. (Mar. 19, 1948). This subpart applies to each officer and employee (referred to in this subpart as an employee) in the competitive service. § 733.602. Investigation. (a) The Commission shall investigate allegations of prohibited political activity on the part of an employee without a pledge of confidence. The Commission shall notify the agency in which the employee is employed of the investigation, and shall afford the agency an opportunity to participate in the investigation. (b) During the course of the investigation, the Commission shall afford the employee an opportunity to make a state ment concerning the substance of any political activity disclosed by the investigation and to furnish the names of any witnesses he wishes to have interviewed. § 733.603 Notification of closing action or charges. (a) The General Counsel of the Commission may close a case when he decides, after reviewing the report of investigation, that violation of the Act and rule has not been established. The General Counsel shall notify the employee and the employing agency of his decision to close the case. (b) The General Counsel shall notify the employee in writing when he decides that the report of investigation indicates that the Act and rule have been violated. The notice shall set forth the charges of alleged prohibited political activity specifically and in detail, and shall inform the employee of the penalty under the Act. The employee is entitled to at least 30 full days' advance notice of the proposed action, and is entitled to be retained in an active-duty status during the notice period. The employee may answer the charges within 15 days from the date of receipt of the notice. He may answer personally or in writing, or both personally and in writing, and may furnish affidavits in support of his answer. § 733.605 Initial decision. When the General Counsel decides, after reviewing the employee's answer and any affidavits submitted therewith, that a violation of the Act and rule has been established, he shall so notify the employee. The notification to the employee shall state the reasons for the decision and inform the employee of his right to a personal appearance, referred to in this subpart as a hearing. § 733.606 Hearing; procedure. (a) The Commission shall determine the time and place for the hearing after giving due consideration to the request of the employee as to time and place. The employee is entitled to notice of the hearing at least 10 calendar days in advance of the date fixed for the hearing. (b) The hearing shall be held before an examiner designated by the Commission. Testimony at the hearing shall be under oath or affirmation. The parties may introduce affidavits and other documentary evidence. The employee or his representative may review all statements, affidavits, and documents which are to be considered as evidence. (c) The employee may be represented by counsel of his own choice. The employee and the counsel of the Commission may produce witnesses who are subject to cross-examination. The employee and the counsel of the Commission are responsible for securing the attendance of their respective witnesses. There is no power of subpoena in these cases. (d) The Commission shall arrange for the hearing to be reported stenographically by a reporter on behalf of the Commission, unless the parties agree to a summary of the testimony. When the hearing is not reported stenographically, the examiner shall prepare or direct the preparation of a summary of the testimony. The Commission shall furnish, without cost, to each party a copy of the transcript or summary of the hearing. The parties may file written exceptions to the summary. The examiner shall certify the summary and any exceptions thereto which then become part of the record. The examiner may permit and fix the time for the filing of briefs. (e) The examiner shall submit the record, including the report or summary of the hearing, to the Commissioners with his recommended decision as to the violation found by the General Counsel and any penalty to be imposed. § 733.607 Waiver of hearing. If the employee waives a hearing and the General Counsel agrees to the waiver, the General Counsel shall refer the record to an examiner. The examiner shall submit the record to the Commissioners with his recommended decision as to the violation found by the General Counsel and any penalty to be imposed. § 733.608 Final decision. The Commissioners shall make the final decision. The Commission shall notify the employee and the employing agency of the final decision. When the final decision is adverse to the employee, the Commission shall set forth in the notification to the employee the reasons on which the decision is based and the penalty to be imposed. The employing agency shall take action in accordance with the final decision. The employing agency shall investigate allegations of prohibited political activity on the part of an employee without a pledge of confidence. § 733.703 Charge and answer. The employing agency shall issue to the employee a notice of proposed removal when the report of investigation indicates that the Act has been violated. The notice shall set forth the charges of alleged prohibited political activity specifically and in detail. The employee may answer the notice within 15 calendar days from the date of receipt of the notice. He may answer personally or in writing, or both personally and in writing, and may furnish affidavits in support of his answer. The employee is entitled to at least 30 full days' advance notice of the proposed action, and is entitled to be retained in an active-duty status during the notice period. § 733.704 Agency decision. On receipt of the employee's answer, or if he fails to answer within the time set, the employing agency shall make the decision on the entire record and notify the employee thereof in writing. When the decision is adverse to the employee, the notice of decision shall: (a) Set forth, specifically and in detail, the charges on which the decision is based; (b) Set forth the effective date of the proposed removal; and (c) Advise the employee of his right to appeal to the Commission, the time within which the appeal may be filed, and the place where the appeal may be filed. § 733.705 Appeal. An employee may appeal to the Commission from a decision of the employing agency that his removal is warranted for violation of the Act. An appeal to the Commission shall be in writing; addressed to the U.S. Civil Service Commission, Washington, D.C. 20415; and state whether the employee wishes a hearing. The appeal shall be filed within 15 calendar days after the employee's receipt of the agency's notice of decision. The Commission may extend the time limit when an employee shows that circumstances beyond his control prevented him from filing the appeal within the time limit. § 733.706 Retention of employee pending decision on appeal. When an employee has filed a timely appeal with the Commission, the employing agency may not remove him but shall retain him in an active-duty status until a final decision is made by the Commissioners. When an employee does not file a timely appeal with the Commission, the decision made by the employing agency becomes final. § 733.707 Hearing on appeal to the Commission. (a) Each employee who appeals under § 733.705 is entitled to a personal appearance, referred to in this subpart as a hearing. The Commission shall determine the time and place for the hearing after giving due consideration to the request of the employee as to time and place. The employee is entitled to notice of the hearing at least 10 calendar days in advance of the date fixed for the hearing. (b) The hearing shall be held before an examiner designated by the Commission. Testimony at the hearing shall be under oath or affirmation. The parties may introduce affidavits and other documentary evidence. The employee or his representative may review all statements, affidavits, and documents which are to be considered as evidence. (c) The employee may be represented by counsel of his own choice. The employee and the representative of the employing agency may produce witnesses who are subject to cross examination. The employee and the representative of the employing agency are responsible for securing the attendance of their respective witnesses. There is no power of subpoena in these cases. (d) The Commission shall arrange for the hearing to be reported stenographically by a reporter on behalf of the Commission, unless the Commission or the examiner directs otherwise. When the hearing is not reported stenographically, the examiner shall prepare or direct the preparation of a summary of the testimony. The Commission shall 210 furnish, without cost, to each party a copy of the transcript or summary of the hearing. The parties are entitled to file written exceptions to the summary. The examiner shall certify the summary and any exceptions thereto which then become part of the record. (e) The examiner may permit and fix the time for the filing of briefs. § 733.708 Examiner's recommendation. The examiner shall submit the record, including the report or summary of the hearing, to the Commissioners with his recommended decision as to the violation found by the employing agency and any penalty to be imposed. § 733.709 Waiver of hearing. If the employee waives a hearing, the examiner shall submit the record to the Commissioners with his recommended decision as to the violation found by the employing agency and any penalty to be imposed. § 733.710 Final decision. The Commissioners shall make the final decision. The Commission shall notify the employee and the employing agency of the final decision. The Commission shall set forth in the notification of decision the reasons on which the decision is based and any penalty to be imposed and shall send the notification to the employee. The employing agency shall take action in accordance with the final decision. Subpart H-Procedures for the § 733.801 Applicability; definition. This subpart applies to each officer and employee of the Job Corps occupying either a competitive or an expected position, and to each enrollee of the Job Corps. In this subpart, "Job Corps" means the Job Corps established by section 102 of the Economic Opportunity Act of 1964. Title 5-Chapter I (b) During the course of the investigation, the Commission shall afford the officer, employee, or enrollee an opportunity to make a statement concerning the substance of any political discrimination or political activity disclosed by the investigation and to furnish the names of any witnesses he wishes to have interviewed. § 733.803 Notification of closing action or charges. (a) The General Counsel of the Commission may close a case when he decides, after reviewing the report of investigation, that violation of section 107 of the Economic Opportunity Act of 1964 has not been established. The General Counsel shall notify the officer, employee, or enrollee and the Director, Office of Economic Opportunity, of his decision to close the case. (b) The General Counsel shall notify the officer, employee, or enrollee in writing when he decides that the report of investigation indicates that section 107 of the Economic Opportunity Act of 1964 has been violated. The notice shall set forth the charges of alleged prohibited political discrimination or political activity specifically and in detail, and shall inform the officer, employee, or enrollee of the penalty under that section. The officer, employee, or enrollee is entitled to at least 30 full days' advance notice of the proposed action and is entitled to be retained in an active-duty status during the notice period. § 733.804 Answer. The officer, employee, or enrollee may answer the charges within 15 days from the date of receipt of the notice. He may answer personally or in writing, or both personally and in writing, and may furnish affidavits in support of his answer. § 733.805 Initial decision. When the General Counsel decides, after reviewing the answer of the officer, employee, or enrollee, and any affidavits submitted therewith, that a violation of section 107 of the Economic Opportunity Act of 1964 has been established, he shall so notify the officer, employee, or enrollee. The notification to the officer, employee, or enrollee shall state the reasons for the decision and inform the officer, employee, or enrollee of his right to a personal appearance, referred to in this subpart as a hearing. 211 $733.807 (a) The Commission shall determine the time and place for the hearing after giving due consideration to the request of the officer, employee, or enrollee as to time and place. The officer, employee, or enrollee is entitled to notice of the hearing at least 10 calendar days in advance of the date fixed for the hearing. (b) The hearing shall be held before an examiner designated by the Commission. Testimony at the hearing shall be under oath or affirmation. The parties may introduce affidavits and other documentary evidence. The officer, employee, enrollee, or his representative may review all statements, affidavits and documents which are to be considered as evidence. (c) The officer, employee, or enrollee may be represented by counsel of his own choice. The officer, employee, or enrollee and the counsel of the Commission may produce witnesses who are subject to cross examination. The officer, employee, or enrollee and the Counsel of the Commission are responsible for securing the attendance of their respective witnesses. There is no power of subpoena in these cases. (d) The Commission shall arrange for the hearing to be reported stenographically by a reporter on behalf of the Commission, unless the parties agree to a summary of the testimony. When the hearing is not reported stenographically the examiner shall prepare or direct the preparation of a summary of the testimony. The Commission shall furnish, without cost, to each party a copy of the transcript or summary of the hearing. The parties may file written exceptions to the summary. The examiner shall certify the summary and any exceptions thereto which then become part of the record. The examiner may permit and fix the time for the filing of briefs. (e) The examiner shall submit the record, including the transcript or summary of the hearing, to the Commissioners with his recommended decision as to the violation found by the General Counsel and any penalty to be imposed. § 733.807 Waiver of hearing. If the officer, employee, or enrollee waives a hearing and the General Counsel agrees to the waiver, the General Counsel shall refer the record to an examiner. The examiner shall submit the record to the Commissioners with his recommended decision as to the violation found by the General Counsel and any penalty to be imposed. § 733.808 Final decision. The Commissioners shall make the final decision whether the officer, employee, or enrollee has violated section 107 of the Economic Opportunity Act of 1964 and certify the facts to the Director, Office of Economic Opportunity, with specific instructions as to discipline or dismissal or other corrective actions. The Commission shall notify the officer, employee, or enrollee of the final decision. When the final decision is adverse to the officer, employee, or enrollee the Commission shall set forth in the noti'fication to the officer, employee, or enrollee the reasons on which the decision is based. A person may not accept or hold an office under a State or local government, including a department, agency, or political subdivision of a State or local government, at the same time that he holds an office or employment in the executive branch of the Federal Government by appointment, except as provided by Subpart B of this part. Subpart B-Exceptions From the General Prohibition § 734.201 Executive order exceptions. Subject to § 734.205, a Federal employee may hold a State or local office as authorized by Executive order. A Federal employee may accept and hold a State or local office only if he obtains the prior approval of his Federal employing agency, and his service in the State or local office will not interfere with the regular and efficient performance of his Federal position. The Federal employing agency is the sole judge of whether or not the employee's service in the State or local office will interfere with the regular and efficient performance of his Federal position. Nothing in this part may be construed as permitting an employee to engage in partisan political activity prohibited by secAct (53 Stat. 1148; 5 U.S.C. 1181) and tion 9 of the Hatch Political Activites Civil Service Rule IV (Part 4 of this chapter). |