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Electronic Code of Federal Regulations

e-CFR data is current as of March 26, 2020

Title 5Chapter IISubchapter APart 1201Subpart D → §1201.140


Title 5: Administrative Personnel
PART 1201—PRACTICES AND PROCEDURES
Subpart D—Procedures for Original Jurisdiction Cases


§1201.140   Judge; requirement for finding of good cause.

(a) Judge. (1) An administrative law judge will hear an action brought by an employing agency under this subpart against a respondent administrative law judge.

(2) The judge will issue an initial decision pursuant to 5 U.S.C. 557. The applicable provisions of §§1201.111, 1201.112, and 1201.113 of this part govern the issuance of initial decisions, the jurisdiction of the judge, and the finality of initial decisions. The initial decision will be subject to the procedures for a petition for review by the Board under subpart C of this part.

(b) Requirement for finding of good cause. A decision on a proposed agency action under this subpart against an administrative law judge will authorize the agency to take a disciplinary action, and will specify the penalty to be imposed, only after a finding of good cause as required by 5 U.S.C. 7521 has been made.

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