---
kind: "section"
citation: "5 C.F.R. § 754.202"
title: "5"
number: "754.202"
heading: "Penalty determination."
url: "https://uscodex.org/cfr/5/754.202"
---

# §754.202. Penalty determination.

- (a) **First violation.** If the Director or Director's designee determines, after OPM provides the procedural rights in [§ 754.203](/cfr/5/754.203.md), that an employee of an agency has violated [5 U.S.C. 9202](/usc/5/9202.md) and [part 920](/cfr/5/part920.md) of this chapter, the Director or Director's designee shall issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and direct the agency to file such warning in the employee's official personnel record file.
- (b) **Subsequent violations.** If the Director or Director's designee determines, after OPM provides the procedural rights in [§ 754.203](/cfr/5/754.203.md), that an employee of an agency has committed a subsequent violation of [5 U.S.C. 9202](/usc/5/9202.md) and [part 920](/cfr/5/part920.md) of this chapter, the Director or Director's designee may take the following action:
  - (1) **For a second violation, order a suspension of the employee for a period of not more than 7 days.**
  - (2) **For a third violation, order a suspension of the employee for a period of more than 7 days.**
  - (3) **For a fourth violation—**
    - (i) Order a suspension of the employee for a period of more than 7 days; and
    - (ii) Order the employee's agency to collect a civil penalty against the employee in an amount that is not more than $250, and remit the penalty amount to the U.S. Department of Treasury for deposit in the Treasury.
  - (4) **For a fifth violation—**
    - (i) Order a suspension of the employee for a period of more than 7 days; and
    - (ii) Order the employee's agency to collect a civil penalty against the employee in an amount that is not more than $500, and remit the penalty amount to the U.S. Department of Treasury for deposit in the Treasury.
  - (5) **For any subsequent violation—**
    - (i) Order a suspension of the employee for a period of more than 7 days; and
    - (ii) Order the employee's agency to collect a civil penalty against the employee in an amount that is not more than $1,000, and remit the penalty amount to the U.S. Department of Treasury for deposit in the Treasury.
- (c) **Duration of suspension and penalty amount.** The Director or Director's Designee has discretion to determine the duration of a suspension and the amount of a penalty under this section, subject only to the minimum and maximum durations and amounts specified in this section.
- (d) **Agency responsibilities.** An agency shall carry out an order of the Director to suspend an employee, or to collect and remit a civil penalty, pursuant to processing and recordkeeping instructions issued by OPM.
  - (1) The agency shall carry out the order of the Director to suspend the employee as soon as practicable.
  - (2) The agency shall carry out the order of the Director to collect and remit a civil penalty as soon as practicable, unless the employee timely appeals the action under [§ 754.204](/cfr/5/754.204.md), in which case the agency shall collect and remit the civil penalty as soon as practicable after the Merit Systems Protection Board issues a final decision sustaining the action.
- (e) **Administrative law judges.** [Paragraphs (a) through (d)](#a..d) of this section do not apply if the Director or Director's designee believes that an administrative law judge has violated [5 U.S.C. 9202](/usc/5/9202.md) and [part 920](/cfr/5/part920.md) of this chapter. In any such case the Director or Director's designee shall file a complaint with the Merit Systems Protection Board proposing an action set forth in [5 U.S.C. 9204](/usc/5/9204.md) and describing with particularity the facts that support the proposed agency action, and the Board will determine whether the action is for good cause under its regulations in [5 CFR part 1201](/cfr/5/part1201.md), subpart D.

## Notes

### Authority

Authority: 5 U.S.C. 554(a)(2), 1103(a)(5)(A), 1104(a)(2), 9201-9205, and Pub. L. 116-92, sec. 1122(b)(1).

### Source

Source: 88 FR 60330, Sept. 1, 2023, unless otherwise noted.