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






