---
kind: "section"
citation: "5 C.F.R. § 734.102"
title: "5"
number: "734.102"
heading: "Jurisdiction."
url: "https://uscodex.org/cfr/5/734.102"
---

# §734.102. Jurisdiction.

- (a) The United States Office of Special Counsel has exclusive authority to investigate allegations of political activity prohibited by the Hatch Act Reform Amendments of 1993, as implemented by [5 CFR part 734](/cfr/5/part734.md), prosecute alleged violations before the United States Merit Systems Protection Board, and render advisory opinions concerning the applicability of [5 CFR part 734](/cfr/5/part734.md) to the political activity of Federal employees. (5 U.S.C. [1212](/usc/5/1212.md) and [1216](/usc/5/1216.md)). Advice concerning the Hatch Act Reform Amendments may be requested from the Office of Special Counsel:
  - (1) By letter addressed to the Office of Special Counsel at 1730 M Street NW., Suite 218, Washington, DC 20036-4505;
  - (2) By telephone on (202) 254-3650, or (1-800) 854-2824;
  - (3) By fax on (202) 254-3700; or
  - (4) By email at Hatchact@osc.gov.
- (b) The Merit Systems Protection Board has exclusive authority to determine whether a violation of the Hatch Act Reform Amendments of 1993, as implemented by [5 CFR part 734](/cfr/5/part734.md), has occurred and to impose a penalty of removal, reduction-in-grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000, for violation of the political activity restrictions regulated by this part. (5 U.S.C. [1204](/usc/5/1204.md) and [7326](/usc/5/7326.md)).
- (c) The Office of Personnel Management is authorized to issue regulations describing the political activities which are permitted and prohibited under the Hatch Act Reform Amendments of 1993. (5 U.S.C. [1103](/usc/5/1103.md), [1104](/usc/5/1104.md), [7325](/usc/5/7325.md); Reorganization Plan No. 2 of 1978, 92 Stat. 3783, [3 CFR 1978](/cfr/3/1978.md) Comp. p. 323; and E.O. 12107, [3 CFR 1978](/cfr/3/1978.md) Comp. p. 264.)

## Notes

### Amendments

[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35100, July 5, 1996; 79 FR 25485, May 5, 2014]

### Authority

Authority: 5 U.S.C. 1103, 1104, 7325; Reorganization Plan No. 2 of 1978, 92 Stat. 3783, 3 CFR 1978 Comp. p. 323; and E.O. 12107, 3 CFR 1978 Comp. p. 264.

### Source

Source: 59 FR 48769, Sept. 23, 1994, unless otherwise noted.

### Amendments

[59 FR 48769, Sept. 23, 1994, as amended at 61 FR 35100, July 5, 1996; 79 FR 25485, May 5, 2014]