§ 9204 - Adverse action

CHAPTER 92— PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER

(a) 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—

(a)(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

(a)(2) file such warning in the employee’s official personnel record file.

(b) 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:

(b)(1) For a second violation, suspension of the employee for a period of not more than 7 days.

(b)(2) For a third violation, suspension of the employee for a period of more than 7 days.

(b)(3) For a fourth violation—

(b)(3)(A) suspension of the employee for a period of more than 7 days; and

(b)(3)(B) a civil penalty against the employee in an amount that is not more than $250.

(b)(4) For a fifth violation—

(b)(4)(A) suspension of the employee for a period of more than 7 days; and

(b)(4)(B) a civil penalty against the employee in an amount that is not more than $500.

(b)(5) For any subsequent violation—

(b)(5)(A) suspension of the employee for a period of more than 7 days; and

(b)(5)(B) a civil penalty against the employee in an amount that is not more than $1,000.