§ 9204. Adverse action

• (a) 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—
  • (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
  • (2) file such warning in the employee’s official personnel record file.
• (b) 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:
  • (1) For a second violation, suspension of the employee for a period of not more than 7 days.
  • (2) For a third violation, suspension of the employee for a period of more than 7 days.
  • (3) For a fourth violation—
    • (A) suspension of the employee for a period of more than 7 days; and
    • (B) a civil penalty against the employee in an amount that is not more than $250.
  • (4) For a fifth violation—
    • (A) suspension of the employee for a period of more than 7 days; and
    • (B) a civil penalty against the employee in an amount that is not more than $500.
  • (5) For any subsequent violation—
    • (A) suspension of the employee for a period of more than 7 days; and
    • (B) a civil penalty against the employee in an amount that is not more than $1,000.