---
kind: "section"
citation: "4 C.F.R. § 28.132"
title: "4"
number: "28.132"
heading: "Disciplinary proceedings."
url: "https://uscodex.org/cfr/4/28.132"
---

# §28.132. Disciplinary proceedings.

- (a) If the General Counsel determines after any investigation under [31 U.S.C. 752(b)](/usc/31/752.md?p=b) that disciplinary action should be initiated against an employee, the General Counsel shall prepare a written complaint against the employee containing their determination, together with a statement of the supporting facts, and present the complaint and the statement to the employee and the Board in accordance with paragraphs [(b)](#b) and [(c)](#c) of this section.
- (b) In the case of an employee 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 referred to in [paragraph (a)](#a) of this section, with any response by the employee, shall be presented to the Congress for appropriate action in lieu of being presented under [paragraph (d)](#d) of this section.
- (c) Any employee against whom a complaint has been presented to the Board under [paragraph (a)](#a) of this section is entitled to:
  - (1) A reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
  - (2) Be represented by an attorney or other representative;
  - (3) A hearing before the Board or a member designated by the Board;
  - (4) Have a transcript kept of any hearing under [paragraph (c)(3)](#c-3) of this section; and
  - (5) A written decision and reasons therefor at the earliest practicable date, including a copy of a final decision ordering disciplinary action.
- (d) A final order of the Board may order disciplinary action consisting of removal, reduction in grade, debarment from GAO employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of civil penalty not to exceed $1,000.
- (e) An employee subject to a final decision ordering disciplinary action under this section may obtain judicial review of the order in the U.S. Court of Appeals for the Federal Circuit in accordance with [31 U.S.C. 755](/usc/31/755.md).

## Notes

### Amendments

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69304, Dec. 12, 2003; 89 FR 51399, June 18, 2024]

### Authority

Authority: 31 U.S.C. 753.

### Source

Source: 58 FR 61992, Nov. 23, 1993, unless otherwise noted.

### Amendments

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69304, Dec. 12, 2003; 89 FR 51399, June 18, 2024]