§ 9204 Adverse action

5 U.S.C. 9204(a)(a) First Violation.—If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—

5 U.S.C. 9204(a)(1)(1) 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

5 U.S.C. 9204(a)(2)(2) file such warning in the employee's official personnel record file.

5 U.S.C. 9204(b)(b) Subsequent Violations.—If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:

5 U.S.C. 9204(b)(1)(1) For a second violation, suspension of the employee for a period of not more than 7 days.

5 U.S.C. 9204(b)(2)(2) For a third violation, suspension of the employee for a period of more than 7 days.

5 U.S.C. 9204(b)(3)(3) For a fourth violation—

5 U.S.C. 9204(b)(3)(A)(A) suspension of the employee for a period of more than 7 days; and

5 U.S.C. 9204(b)(3)(B)(B) a civil penalty against the employee in an amount that is not more than $250.

5 U.S.C. 9204(b)(4)(4) For a fifth violation—

5 U.S.C. 9204(b)(4)(A)(A) suspension of the employee for a period of more than 7 days; and

5 U.S.C. 9204(b)(4)(B)(B) a civil penalty against the employee in an amount that is not more than $500.

5 U.S.C. 9204(b)(5)(5) For any subsequent violation—

5 U.S.C. 9204(b)(5)(A)(A) suspension of the employee for a period of more than 7 days; and

5 U.S.C. 9204(b)(5)(B)(B) a civil penalty against the employee in an amount that is not more than $1,000.