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Checklist for Decisions Under 5 Code of 
Federal Regulations (CFR) Part 752

 

1. Does the decision indicate whether or not the employee replied orally and/or in writing?


2. Does the decision discuss consideration the deciding official gave to the pertinent issues raised in the employee's reply, and does it clearly inform the employee which of the reasons and specifications in the proposal were or were not sustained and relied upon to support the action?

(Note: The reasons and specifications should be stated exactly as they appear in the memorandum of proposal. No reasons and/or specifications should appear in the decision memorandum or be considered in deciding the action other than those that appear in the memorandum of proposal.)

3. If medical issues were raised in the employee's reply, was the employee afforded the opportunity to submit medical documentation to OMS, and was that documentation given adequate consideration? (See the discussion of issues on reasonable accommodation in the Proposal Checklist)

(Note: If the employee has the requisite years of service under the Civil Service Retirement System or the Federal Employees Retirement System and has raised medical issues, the employee should be provided information concerning disability retirement. This information should be reflected in the memorandum of decision for actions effected under 5 CFR Part 752 Subparts C and D.)

4. Is there a clear discussion of nexus and of the pertinent "Douglas Factors"?


5. Has the IC adhered to: all pertinent collective bargaining agreement provisions; delegations of authority; and IC/NIH procedures and policies?


6. Does the decision clearly demonstrate how the action will promote the efficiency of the Federal Service?


7. For suspension actions, have the effective dates been correctly determined (calendar days were accurately counted to reflect the number of days decided)?


8. For actions under 5 CFR Part 752 C and D, has the effective date been set not less than 30 days after the employee received the proposal?


9. Have all appropriate grievance/ appeal/complaint rights been communicated to the employee? 

(Note: The employee should be advised of the correct time frames and of where the grievance/appeal/complaint should be filed. If the action is appealable to the U.S. Merit Systems Protection Board (MSPB), a copy of the MSPB regulations and appeal form should be included. For actions taken under 5 CFR Part 752, Subparts A and B, employees should be directed to the appropriate administrative or negotiated grievance procedure. For actions taken under 5 CFR Part 752, Subparts C and D, employees should be advised of their option to appeal to the MSPB or, if applicable, to file a grievance under the provisions of the negotiated grievance procedure and of the consequences of so doing.  Employees should also be advised of their option to file a grievance/appeal or to pursue an EEO complaint.)

10. Was the decision notice properly delivered to the employee at or before the date the action was effected?
(Note: The employee should sign acknowledging receipt. If the employee refuses to do so, a witness to the delivery should sign acknowledging the employee's receipt. If the notice must be mailed, it should be mailed both regular U.S. mail with a "Certificate of Mailing" and Certified Return Receipt Requested. The method of mailing should be documented and any acknowledgment of receipt and a copy of the "Certificate of Mailing" kept for the case file.)

11. Is the case file complete, containing: copies of all documentation relied upon, a copy of the notice of the proposal; the written reply and/or a summary of the oral reply; a copy of the decision notice; evidence of the delivery of notice letters; and a copy of the SF-50 effecting the action?
(Note: The SF-50 should be checked to ensure appropriate coding and remarks.)