---
kind: "section"
citation: "42 C.F.R. § 24.8"
title: "42"
number: "24.8"
heading: "Removal from the Service."
url: "https://uscodex.org/cfr/42/24.8"
---

# §24.8. Removal from the Service.

- (a) A member of the Service may be subject to disciplinary action, including removal from the Service, for substandard performance of duty as a member of the service, for misconduct, for reasons of national security or for other reasons as determined by the Secretary.
- (b) **A member for whom disciplinary action is proposed is entitled to—**
  - (1) Written notice of the proposed action and the basis therefor;
  - (2) A reasonable opportunity to answer the notice of proposed action both orally and in writing;
  - (3) The right to be represented by an attorney or other representative in making such answer; and
  - (4) **A written decision on the proposal.**
- (c) The decision may be made by an official with delegated authority to take such action, but in no case may the official be at a level below the head of the Operating Division where the member is assigned.
- (d) A member who is separated from the Service involuntarily and without cause and who, immediately prior to his appointment to the Service, was a career appointee in the civil service or the Senior Executive Service, may be appointed to a position in the competitive civil service at grade GS-15 of the General Schedule. Such an appointment may be made by the Secretary or his/her designee without regard to the provisions of [title 5](/cfr/5.md), U.S. Code regarding appointments in the civil service.
- (e) A member who is separated from the Service involuntarily and without cause and who, immediately prior to appointment to the Service, was not a career appointee in the civil service or the Senior Executive Service may be appointed to a position in the excepted civil service at grade GS-15 of the General Schedule for a period not to exceed two years.
- (f) There shall be no right to further review of the final decision on a disciplinary action. At his/her discretion, the Secretary may review an action taken under this section and may reduce, suspend, or overrule the action taken.
- (g) A member of the Service may be removed from the Service for such other reasons as may be prescribed by the Secretary.

## Notes

### Authority

Authority: 42 U.S.C. 237; Pub. L. 114-255, div. A, title Ill, sec. 3071, Dec. 19, 2016, 130 Stat. 1133; Section 228 of the Public Health Service Act; 5 U.S.C. 301.

### Source

Source: 85 FR 21781, Apr. 20, 2020, unless otherwise noted.