---
kind: "section"
citation: "5 C.F.R. § 752.102"
title: "5"
number: "752.102"
heading: "Standard for action and penalty determination."
url: "https://uscodex.org/cfr/5/752.102"
---

# §752.102. Standard for action and penalty determination.

- (a) Except for actions taken against supervisors covered under subchapter V of [title 5](/cfr/5.md), an agency may take an action under this subpart for such cause as will promote the efficiency of the service as described in 5 U.S.C. [7503(a)](/usc/5/7503.md?p=a) and [7513(a)](/usc/5/7513.md?p=a). For actions taken under this subpart against supervisors covered under subchapter V of [title 5](/cfr/5.md), an agency may take an action based on the standard described in [5 U.S.C. 7543(a)](/usc/5/7543.md?p=a).
- (b) Subject to [5 U.S.C. 1214(f)](/usc/5/1214.md?p=f), if the head of the agency in which a supervisor is employed, an administrative law judge, the Merit Systems Protection Board, the Special Counsel, a judge of the United States, or the Inspector General of the agency in which a supervisor is employed has determined that the supervisor committed a prohibited personnel action, the head of the agency in which the supervisor is employed, consistent with the procedures required under this subpart—
  - (1) **For the first prohibited personnel action committed by the supervisor—**
    - (i) Shall propose suspending the supervisor for a period that is not less than 3 days; and
    - (ii) May propose an additional action determined appropriate by the head of the agency, including a reduction in grade or pay; and
  - (2) For the second prohibited personnel action committed by the supervisor, shall propose removing the supervisor.

## Notes

### Source

Source: 85 FR 65983, Oct. 16, 2020, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 6329b, 7504, 7514, 7515, and 7543; 38 U.S.C. 7403. E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218. Link to an amendment published at 91 FR 49115, Aug. 3, 2026.

### Source

Source: 74 FR 63532, Dec. 4, 2009, unless otherwise noted.