Title 4--ACCOUNTS
Chapter I--GENERAL ACCOUNTING OFFICE


is a primary responsibility of all who plan, direct, or supervise the work of employees. The objective of personnel management is to contribute to the...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR2.2] [Page 5] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 2_PURPOSE AND GENERAL PROVISION--Table of Contents Sec. 2.2 References. (a) Subchapters III and IV of Chapter 7 of Title 31 U.S.C. (b) Title 5, United States Code. [45 FR 68375, Oct. 15, 1980, as amended at 47 FR 56979, Dec. 22, 1982] ...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR2.3] [Page 5] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 2_PURPOSE AND GENERAL PROVISION--Table of Contents Sec. 2.3 GAO Personnel Appeals Board. The General Accounting Office Personnel Appeals Board is established by 31 U.S.C. 751. This board will promulgate regulations providing for employee appeals and establishing its operating procedures. [47 FR 56979, Dec. 22, 1982] ...


In a merit system, employees are hired, promoted, rewarded, and retained on the basis of individual ability and fitness for employment without regard to race, color,...


such authority engage in the following prohibited personnel practices. (a) Discrimination. GAO employees shall not discriminate for or against any employee or...


with preference eligibles in the executive branch. (b) Appeals from preference decisions will be heard by the GAO Personnel...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR3.1] [Page 7] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 3_EMPLOYMENT--Table of Contents Sec. 3.1 Appointment, promotion, and assignment. Employees of GAO shall be appointed, promoted and assigned solely on the basis of merit and fitness, but without regard to the provisions of title 5, United States Code, governing appointments and other personnel actions in the competitive service. ...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR3.2] [Page 7] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 3_EMPLOYMENT--Table of Contents Sec. 3.2 Oath of office. The provisions of subchapter II of chapter 33 of title 5, U.S. Code, and Office of Personnel Management implementing regulations apply to General Accounting Office employees. ...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR3.3] [Page 7] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 3_EMPLOYMENT--Table of Contents Sec. 3.3 Assignments to and from States. The provisions of subchapter VI of chapter 33 of title 5, U.S. Code, and Office of Personnel Management implementing regulations apply to General Accounting Office employees. ...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR4.1] [Page 8] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 4_EMPLOYEE PERFORMANCE AND UTILIZATION--Table of Contents Sec. 4.1 Training. The provisions of chapter 41, of title 5, United States Code, and Office of Personnel Management implementing regulations apply to General Accounting Office employees. ...


employee participation in establishing performance standards; and uses the results of performance appraisal as a basis for training, rewarding,...


this section. (a) Employee entitlement. A GAO employee whose reduction in grade/ pay level or removal is proposed under this section is entitled to-- (1) An...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR4.4] [Page 9] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 4_EMPLOYEE PERFORMANCE AND UTILIZATION--Table of Contents Sec. 4.4 Incentive awards. The provisions of chapter 45 of title 5, United States Code and Office of Personnel Management implementing regulations apply to General Accounting Office employees. ...


value. (2) Pay distinctions be maintained in keeping with work and performance distinctions. (3) Pay rates be comparable with private enterprise pay rates...


of the higher position he or she previously held. The employee receives this entitlement (which is for a period of 2 years) if he or she has served for at least 52...


appropriate. The merit pay system shall be [[Page 11]] designed to carry out purposes consistent with those set forth in section 5401(a) of title 5,...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR5.4] [Page 11] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 5_COMPENSATION--Table of Contents Sec. 5.4 Pay administration. The provisions of chapter 55 of title 5, U.S. Code and the Office of Personnel Management implementing regulations apply to General Accounting Office employees. ...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR5.5] [Page 11] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 5_COMPENSATION--Table of Contents Sec. 5.5 Travel, transportation, and subsistence. The provisions of chapter 57 of title 5, U.S. Code and the implementing regulations for the Executive Branch apply to General Accounting Office employees. ...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR5.6] [Page 11] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 5_COMPENSATION--Table of Contents Sec. 5.6 Allowances. The provisions of chapter 59 of title 5, U.S. Code and the implementing regulations for the Executive Branch apply to General Accounting Office employees. ...


Leave'' apply to General Accounting Office employees. This includes hours of work, annual leave, sick leave, and other paid leave. [45 FR 68378, Oct. 15, 1980,...


or to refrain from such activity. (b) Labor relations program. A labor relations program consistent with chapter 71 of title 5, United States Code will be...


religion, age, sex, national origin, political affiliation, marital status or handicapping condition. (b) Equal opportunity recruiting program. GAO shall...


value given or transferred by one person to another, including in cash, by check, by draft, through a payroll deduction or allotment plan, by pledge or promise, whether...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR7.4] [Page 15] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 7_PERSONNEL RELATIONS AND SERVICES--Table of Contents Sec. 7.4 Employment limitations, foreign gifts and decorations, and misconduct. The provisions of subchapters II, IV, and V of chapter 73 of title 5, United States Code and implementing regulations thereunder continue to apply to this office. ...


GAO (including discourteous conduct to the public confirmed by an immediate supervisor's report of four such instances within any 1-year period or any other pattern...


be removed, suspended for more than 14 days, reduction in grade or pay, or furlough for 30 days or less for such cause as will promote the efficiency of GAO. Furloughed...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR7.7] [Page 16] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 7_PERSONNEL RELATIONS AND SERVICES--Table of Contents Sec. 7.7 Other appeals and grievances. The personnel system shall provide procedures for the processing of complaints and grievances which are not otherwise provided for. ...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR7.8] [Page 16] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 7_PERSONNEL RELATIONS AND SERVICES--Table of Contents Sec. 7.8 Services to employees. The provisions of chapter 79 of title 5, United States Code, and the Office of Personnel Management implementing regulations apply to General Accounting Office employees. ...


injuries, retirement, unemployment compensation, life insurance, and health insurance apply to General Accounting Office employees. [45 FR 68380, Oct. 15, 1980,...


requirements set forth in section 3131 of title 5, United States Code, which provides-- Sec. 3131 The GAO Senior Executive Service The...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR11.1] [Page 17] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 11_RECOGNITION OF ATTORNEYS AND OTHER REPRESENTATIVES--Table of Contents Sec. 11.1 Right to representation before the General Accounting Office. Each person having a claim or other rights assertable in the General Accounting Office may pursue such claim or right individually or through an attorney or other representative. ...


of any State, territory, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in...


attorney is required before an attorney or other representative may be recognized. A power of attorney from the principal may also be requested in...


the General Accounting Office in connection with a matter other than one involving a payment to be made by the United States, his personal appearance or signature...


represented by another person whose authority to act is established under either Sec. 11.3 or Sec. 11.4, the principal may revoke the authority of his representative....


by the failure to award a contract. (b) Intervenor means an awardee if the award has been made or, if no award has been made, all bidders or offerors who appear to have...


services; the cancellation of such a solicitation or other request; an award or proposed award of such a contract; and a termination of such a contract, if the protest alleges...


shall be filed prior to bid opening or [[Page 20]] the time set for receipt of initial proposals. In procurements where proposals are requested,...


the filing of a protest, and, unless the protest is dismissed under this part, shall promptly send a written confirmation to the contracting agency and an acknowledgment to...


information may include proprietary, confidential, or source-selection-sensitive material, as well as other information the release of which could result in a competitive...


an entire protest is dismissed, no agency report need be filed; where specific protest allegations are dismissed, an agency report shall be filed on the...


performance. The requirements for the withholding of award and the suspension of contract performance are set forth in 31 U.S.C. 3553 (c)...


a hearing is needed to resolve the protest. (b) Prior to the hearing, GAO may hold a pre-hearing conference to discuss and resolve matters such as the procedures to...


or regulation, it shall recommend that the contracting agency implement any combination of the following remedies: (1) Refrain from exercising options under the contract; ...


Sec. 21.10, GAO shall issue a decision on a protest within 65 days after it is filed. (c) GAO, to the maximum extent practicable, shall resolve a...


own initiative, GAO may decide a protest using an express option. (b) The express option will be adopted at the discretion of GAO and only in those cases suitable for...


file with GAO copies of all relevant court documents. (b) GAO will dismiss any case where the matter involved is the subject of litigation before, or has been decided on...


activity responsible for the protested procurement, and the senior procurement executive of each Federal agency involved; a copy shall also be made available to...


of the government other than Federal agencies as defined in Sec. 21.0(c) if the agency involved has agreed in writing to have protests decided by GAO. (b)...


will not consider a request for reconsideration that does not contain a detailed statement of the factual and legal grounds upon which reversal or modification is...


Columbia, apply to the General Accounting Office (GAO) Building and its grounds, 441 G Street NW., in the District of Columbia, and to all persons while in the building or while...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR25.2] [Page 27] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 25_CONDUCT IN THE GENERAL ACCOUNTING OFFICE BUILDING AND ON ITS GROUNDS--Table of Contents Sec. 25.2 Inspection. Packages, briefcases, and other containers as well as vehicles and their contents are subject to inspection while in or when being brought into, or when being removed from the GAO Building. A full search of a person may accompany an arrest or apprehension. ...


conduct lawful business with GAO, its employees, or other tenants of the GAO Building and for any other purposes authorized by the Comptroller General or his designee....


or damage to the GAO Building or to its grounds or fixtures, the theft of property, the creation of any hazard to persons or things in the GAO Building or on its grounds,...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR25.5] [Page 27] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 25_CONDUCT IN THE GENERAL ACCOUNTING OFFICE BUILDING AND ON ITS GROUNDS--Table of Contents Sec. 25.5 Conformity with signs and directions. Persons in the GAO Building or on its grounds shall at all times comply with official signs of a prohibitory, regulatory, or directory nature and with the direction of the guards, security staff, or other authorized individuals. ...


or unusual noise or a nuisance; which unreasonably obstructs the usual use of entrances, foyers, lobbies, corridors, offices, elevators, escalators, stairways, or parking...


or pool, or selling or purchasing numbers tickets in the GAO Building or on its grounds is prohibited. This prohibition shall not apply to the vending or exchange of chances...


by a person under the influence of alcoholic beverages, narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines is prohibited. It is prohibited for anyone...


displaying or distributing commercial advertising, or collecting private debts in the GAO Building is prohibited. This rule does not apply to: (a) National or local...


or elsewhere in the GAO Building or on its grounds is prohibited, except as authorized by these rules and regulations or when such displays are conducted as part of...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR25.11] [Page 28] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 25_CONDUCT IN THE GENERAL ACCOUNTING OFFICE BUILDING AND ON ITS GROUNDS--Table of Contents Sec. 25.11 Photographs for news, advertising, or commercial purposes. Photographs may be taken in the GAO Building only with the approval or authorization of the Comptroller General or his designee. ...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR25.12] [Page 28] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 25_CONDUCT IN THE GENERAL ACCOUNTING OFFICE BUILDING AND ON ITS GROUNDS--Table of Contents Sec. 25.12 Dogs and other animals. Dogs and other animals, except seeing eye dogs or other guide dogs, shall not be brought into the GAO Building or on its grounds for other than official purposes. ...


GAO Building shall drive in a careful and safe manner at all times and shall comply with all posted traffic signs and with the signals and directions of the guards, security staff,...


other dangerous or deadly weapons, explosives or items intended to be used to fabricate an explosive or incendiary device, either openly or concealed, except for...


race, creed, sex, color, or national origin in furnishing or by refusing to furnish the use of any facility of a public nature, including all services, privileges,...


a fine of not more than $500, or imprisonment for not more than 6 months, or both. Nothing in these rules and regulations shall be construed to abrogate any other Federal...


the Comptroller General, in accordance with the provisions of 31 U.S.C. 751. For purposes of the regulations in this part and 4 CFR part 28, a simple majority of the...


shall serve as the chief executive and administrative officer of the Board. The Members of the Board may select from among its membership a Vice Chairperson, hereinafter...


the Chair to serve as the General Counsel of the Board. The General Counsel, at the request of the Board, shall investigate matters under the jurisdiction of the Board,...


(GAO), pursuant to the General Accounting Office Personnel Act of 1980 (GAOPA), 31 U.S.C. 751-755. (b) The purpose of the rules in this part is to establish...


based upon an alleged prohibited personnel practice that has occurred or is about to occur; (2) Proceedings in which the General Counsel seeks corrective...


within its jurisdiction. An administrative judge may be a member of the Board, an employee of the Board, or any individual qualified by experience or training to conduct...


begins to run and the last day for filing shall be included in the computation. When the last day falls on a Saturday, Sunday or federal government holiday, then the...


Oversight, Solicitor, General Counsel or the Clerk of the Board. (b) Informal procedural advice will be supplied within the limits of available time and staff. [58...


special procedures are to be followed, they will be prescribed in those subsequent subparts to which they are particularly applicable. (b) No pleading, motion or...


are the object of an adverse or performance-based action are, at the time of the action, adequately advised of their rights to petition the Board. The notice in adverse...


jurisdiction under Subchapter IV of Chapter 7 of Title 31, United States Code, may file a charge with the General Counsel. (2) Non-EEO class actions. One or more...


the issues where appropriate, and attempt to settle all matters at issue. (b) The General Counsel's investigation may include gathering information from the GAO...


aggrieved employee may choose to file a petition directly with the Personnel Appeals Board, without first filing the charge with the PAB's Office of General Counsel pursuant to...


employees). These rules also apply to actions brought by the General Counsel, except as otherwise provided in subpart G (concerning corrective action, disciplinary and...


not less than 30 days. Following the comment period, any changes to the rules are final once they are published in the Federal Register. Notice of publication in the...


to employees of the Board as they do to other GAO employees, with the following exceptions. (1) The General Counsel serves at the pleasure of the Chair. The...


subchapter IV of chapter 7 of title 31, United States Code, or who is alleging that GAO or a labor organization engaged or is engaging in an unfair labor practice, may file...


a response containing at least the following: (1) A statement of the position of the charged party on each allegation set forth therein, including admissions, denials...


before a single administrative judge, one original and three copies will be adequate unless informed otherwise. (b) Service. (1) The Board will serve copies of a...


are parties to the proceeding have adequate notice to prepare for the new allegations and if to do so would not prejudice the rights of the other parties or unduly delay...


upon the motion of a party, as appropriate. (b) Authority. Administrative judges shall conduct fair and impartial hearings and take all necessary action to avoid delay in...


stating on the record the reasons therefor, and shall immediately notify the Board of the withdrawal. (b) Any party may file a motion requesting the administrative...


in this section. (a) Failure to comply with an order or subpoena. When a party fails to comply with an order or subpoena (including an order for the taking of a...


the petition or responsive pleading. Any subsequent changes in representation shall also be in writing, and submitted to the administrative judge and served upon the other...


request by the administrative judge to GAO, be made available to participate in the hearing and shall be in official duty status for this purpose and shall not receive...


(b) Any person may, by motion to the administrative judge, request permission to intervene. The motion shall state the reasons why the person should be permitted to intervene....


motion for substitution shall be filed by the proper party within 90 days after the death of the petitioner or other disabling event. [58 FR 61992, Nov. 23, 1993, as amended...


issues or in such other circumstances as justice requires. (2) Joinder may occur where one person has two or more petitions pending and they are united for...


enable a party to obtain relevant information needed for presentation of the party's case. These regulations are intended to provide a simple method of discovery. They will...


a party, which has not otherwise been provided. Relevant information includes information which appears reasonably calculated to lead to the discovery of admissible...


discovery on the other party. For purposes of discovery under these regulations, a party includes an intervenor. (1) Each request for discovery shall state the time limit...


at Sec. 28.42(c)(2) and (d)(4) above. (b) Content of order. Any order issued may include, where appropriate: (1) Provision for notice to the person to be deposed as...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR28.44] [Page 45] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE Subpart B_Procedures Sec. 28.44 Taking of depositions. Depositions may be taken before any person not interested in the outcome of the proceedings who is authorized by law to administer oaths. ...


request or the truth of any relevant matters of fact or application of law to the facts as set forth in the request. (b) Within the time period prescribed by...


documentary or other evidence from any place in the United States or any territory or possession thereof, the Commonwealth of Puerto Rico, or the District of Columbia....


be complied with or why it should be limited in scope. This motion shall be filed with the administrative judge within 20 days after service of...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR28.48] [Page 45] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE Subpart B_Procedures Sec. 28.48 Service. Service of a subpoena may be made by a United States Marshal or Deputy Marshal or by any person who is over 18 years of age and not a party to the proceeding. ...


service that service was made either: (a) In person, (b) By registered or certified mail, or (c) By delivery to a responsible person (named) at the residence...


enforcement with the administrative judge or make an oral motion for enforcement while on record at a hearing. The party shall present the return of service and, except where...


space. Motions for postponement by either party shall be made in writing, shall set forth the reasons for the request and shall be granted only upon a showing of...


The hearing will be conducted as an administrative proceeding and, ordinarily, the rules of evidence will not be strictly followed. (c) Parties will be expected to present...


to do so would be in the best interests of the petitioner, a witness, the public, or other affected persons. Any order closing the hearing shall set forth the reasons for...


of the proceeding. Upon request, a copy of a transcript of the hearing shall be made available to each party. Additional copies of the transcript shall be made available to a...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR28.59] [Page 47] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE Subpart B_Procedures Sec. 28.59 Official record. The transcript of testimony and the exhibits, together with all papers and motions filed in the proceedings, shall constitute the exclusive and official record. ...


the like. Motions to file extended briefs shall be granted only for good cause shown. Briefs in excess of 10 pages shall include an index and a table of authorities. ...


and is supported by substantial evidence; or (2) It is brought under any other provision of law, rule, or regulation as defined by 5 U.S.C. 7701(a) and is...


(b) If the parties agree to forego a hearing under this subpart, the record will close on the date that the administrative judge sets as the final date for...


submit argument, briefs or documents previously identified for introduction into evidence, the record shall be left open for such time as the administrative judge grants for...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR28.65] [Page 48] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE Subpart B_Procedures Sec. 28.65 Service of documents. Any document submitted with regard to any pleading, motion, or brief shall be served upon all parties to the proceeding. ...


privilege. The administrative judge is not bound by formal evidentiary rules but may rely on the Federal Rules of Evidence for guidance. [68 FR 69302, Dec....


relevant to the evidence given. If the party refuses to furnish the statement, the administrative judge may draw an adverse inference from the failure to produce or may...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR28.68] [Page 48] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE Subpart B_Procedures Sec. 28.68 Stipulations. The parties may stipulate as to any matter of fact. Such a stipulation will satisfy a party's burden of proving the fact alleged. ...


because it is either: a matter of common knowledge; or a matter capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be...


by the administrative judge if he or she determines that the issue presented is of such importance to the proceeding that it requires the Board's immediate attention. The...


will be permitted only in circumstances where: (1) The ruling involves an important question of law or policy about which there is substantial ground for difference...


an initial decision shall be issued by that member, panel or individual and served upon the parties. (b) An aggrieved party may seek reconsideration of or may appeal...


requires a person or party to take any action, the Board may require such person or party to provide the Board and all parties with a compliance report. (b) When the...


to Sec. 28.87(d), the petitioner, if he or she is the prevailing party, may submit a request for the award of reasonable attorney's fees and costs. GAO may file a...


Appeals for the Federal Circuit within 30 days after the petitioner receives notice of the Board's decision. (b) The Board may designate the Solicitor, the General Counsel...


they relate to laws prohibiting discrimination in employment on the basis of race, color, religion, national origin, political affiliation, age, sex, marital status,...


regulations as GAO may develop in order to eliminate and prevent employment discrimination on the bases enumerated in Sec. 28.95; (2) Reports regarding its efforts...


involve prohibited discrimination. Prohibited discrimination is defined as any action in violation of: (a) Section 717 of the Civil Rights Act of 1964, as amended...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR28.96] [Page 52] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE Subpart D_Special Procedures; Equal Employment Opportunity (EEO) Cases Sec. 28.96 Applicability of general procedures. Except where a different procedure is provided for in this subpart, the procedures to be followed by all parties in cases arising under this subpart shall be the general procedures as prescribed in subpart B of this part. ...


GAO employees or applicants for employment, a complaint must first be filed with GAO in accordance with GAO Order 2713.2. (b) An appeal from GAO's disposition of any EEO...


in Sec. 28.95) shall not be filed with the Board's General Counsel unless the charging party has first filed a complaint of discrimination with GAO in accordance with GAO...


filed under this subpart. (b) Remedial action provided in Board orders in these cases may include: (1) Provision for Agency offers of...


or applicant who is alleging violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-16, Title I of the Americans with Disabilities Act of 1990,...


collective bargaining, to conduct elections in order to determine whether the employees in any such units wish to select a labor organization to represent them...


employment for collective bargaining and cases arising from elections and certifications of collective bargaining representatives. Board decisions in these matters will be...


for collective bargaining by the GAO employees in an appropriate unit, or by a labor organization which desires to replace another currently having that status; ...


be designated as or replace an exclusive bargaining representative) shall consist of: (1) A detailed identification of the unit of employees to which the petition applies,...


the petition by posting a notice for at least 10 days in locations appropriately selected to reach all employees in the unit covered by the petition. The notice shall include...


consultation among the parties to resolve or identify issues, the General Counsel shall prepare a report to the Board which may recommend: (1) Approval of any...


to any qualified independent organization; to members of the Board's full-time staff; or to temporary employees hired for this purpose. (b) Appropriate notices...


order corrective or disciplinary action in a case arising from * * * a matter appealable to the Board under the labor-management relations program...


inconsistent with Chapter 71 of Title 5, United States Code, and thereby denies to an employee or labor organization rights comparable to those granted by Chapter 71 of...


to bargain in good faith, the matter shall be appealable to the Board under the following procedures: (a) When, in connection with negotiations, a proposal is...


59]] from influences opposed to basic democratic principles. An organization is not required to prove it is free from such influence if it is subject...


agreement, may file with the Board an exception to the arbitrator's award rendered pursuant to the arbitration. (2) The time limit for filing an exception to...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR28.130] [Page 60] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE Subpart G_Corrective Action, Disciplinary and Stay Proceedings Sec. 28.130 General authority. The procedures in this subpart relate to the Board's functions ``to consider, decide and order corrective or disciplinary action (as appropriate) in cases arising'' from any area within the Board's jurisdiction. ...


have occurred, exists or is to be taken, the General Counsel shall investigate the matter to the extent necessary to determine whether there are reasonable grounds to...


initiated against an employee, the General Counsel shall prepare a written complaint against the employee containing his or her determination, together with a statement of...


an initial stay of the proposed personnel action for a period not to exceed 30 days if the General Counsel believes that the proposed personnel action arises out of...


or similar action to the Board in accordance with Subpart B of this part. Members of the GAO SES who allege that they have been subjected to a personnel action...


upon notice of such removal, be entitled, upon request, to an informal hearing before a member of the Board designated by the Chair of the Board. (a) At...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR28.145] [Page 62] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE Subpart I_Ex Parte Communications Sec. 28.145 Policy. It is the policy of the Board to regulate strictly ex parte communications between members of the Board and their decision-making personnel and any interested party to a proceeding before the Board. ...


to a proceeding without providing the other parties to the proceeding a chance to participate. The only ex parte communications that are prohibited are those that involve...


written submissions, are prohibited from the time the interested party involved has knowledge that the matter may be considered by the Board until the Board has...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR28.148] [Page 63] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE Subpart I_Ex Parte Communications Sec. 28.148 Reporting of communications. Any communication made in violation of this section shall be made part of the record in the proceeding and an opportunity for rebuttal allowed. If the communication was oral, a memorandum stating the substance of the discussion shall be placed in the record. ...


as necessary, may, in the interest of justice, require the offending party to show cause why his or her claim, interest, motion or petition should not...


to issue such a statement, the criteria to be considered by the Board will include, but not be limited to, the following: (a) Whether the question presented can...


are maintained as described in 4 CFR part 83, by addressing an inquiry to the PAB General Counsel either by mail or by appearing in person at the Personnel Appeals Board...


information: (1) The General Counsel's name and business mailing address; (2) The date of the denial; (3) The reasons for the denial, including citation...


nonpayment be executed on the bills and invoices of contractors and vendors, with the exception that carriers, or other corporations, agencies, or persons...


availability of GAO records. While GAO is not subject to the Freedom of Information Act (5 U.S.C. 552), GAO's disclosure policy follows the spirit of the act consistent...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR81.2] [Page 66] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 81_PUBLIC AVAILABILITY OF GENERAL ACCOUNTING OFFICE RECORDS--Table of Contents Sec. 81.2 Administration. The Chief Quality Officer administers this part and may promulgate such supplemental rules or regulations as may be necessary. ...


as the date of the record, subject matter, agency or person involved, etc., which will permit location or retrieval of the record. (b) Records includes all books,...


writing to the [[Page 67]] Chief Quality Officer, U.S. General Accounting Office, 441 G Street, NW., Washington, DC 20548. Requests may also be made via a link...


files that originate in another agency or nonfederal organization to persons who may not be entitled to obtain the records from the originator. In such instances, requesters...


records, or parts thereof, within any of the categories listed below. Unless precluded by law, the Chief Quality Officer may nevertheless release records within these categories. ...


than one hour of search time and 50 pages of photocopying. (2) Staff-hours spent in resolving any legal or policy questions pertaining to the request. (3) Copies...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR81.8] [Page 69] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 81_PUBLIC AVAILABILITY OF GENERAL ACCOUNTING OFFICE RECORDS--Table of Contents Sec. 81.8 Public reading facility. GAO maintains a public reading facility in the Law Library at the General Accounting Office Building, 441 G Street, NW., Washington, DC. The facility shall be open to the public from 8:30 a.m. to 4 p.m. except Saturday, Sundays, and holidays. ...


be directed to the Comptroller General of the United States and served upon the Records Management and Services Officer, Office of Information Systems and Services. ...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR82.2] [Page 69] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 82_FURNISHING RECORDS OF THE GENERAL ACCOUNTING OFFICE IN JUDICIAL PROCEEDINGS--Table of Contents Sec. 82.2 Fees and charges. The provisions of Sec. 81.7 of this chapter are applicable to this part; however, where the charging of fees is appropriate, they need not be collected in advance. [33 FR 358, Jan. 10, 1968, as amended at 47 FR 56980, Dec. 22, 1982] ...


and protecting the privacy of GAO personnel records. While GAO is not subject to the Privacy Act (Act) (5 U.S.C. 552a), GAO's policy is to conduct its activities in...


Washington, D.C. 20548. To this end, the Director, Personnel, in consultation with the Office of the General Counsel, is authorized to issue such supplemental regulations...


(b) Information means papers, records, photographs, magnetic storage media, micro storage media, and other documentary materials, regardless of physical form...


or organization, including another agency, without the prior written consent of the individual to whom the record pertains, unless disclosure of the record would be: ...


access to information covered by this part. It does not limit in any way other disclosures of information pursuant to other provisions of this part. (b) The...


83.4(b), keep an accurate accounting of-- (1) The date, nature, and purpose of disclosure of a record to any person; and (2) The name and address of the...


accomplish an authorized official purpose. Authority to maintain personnel records does not constitute authority to maintain information in the record merely because a need...


any personnel record unless disclosure is part of their official duties or required by statute, regulation, or internal procedure. (b) Any GAO employee who makes...


(1) Under Federal statute; or (2) Under any statute, executive order, or regulation that authorizes any Federal, State, or local agency maintaining a system of records...


States Constitution are prohibited, unless expressly authorized by statute or by the individual concerned, or unless pertinent to and within the scope of an authorized...


GAO/U.S. OPM/GSA Memorandum of Understanding (see subsection (b)). Except as provided for in Federal Personnel Manual (FPM) Supplement 293-31 there will be only one...


or employee of GAO to gain access to his or [[Page 77]] her record or to any information pertaining to the individual which is contained in a system of...


person or by mail to the Director, Personnel. (b) An inquiry that requests GAO to determine if it has, in a given system of personnel records, a record about the...


(1) The official's name, position title, and business mailing address; (2) The date of the denial; (3) The reasons for the denial, including citation of...


designee indicated in the notice of systems of records published by GAO in the Federal Register. Time limits will be measured from receipt at the proper office. (b)...


personnel records shall be addressed to the Assistant Comptroller General for Human Resources, U.S. General Accounting Office, 441 G Street, NW, Washington, D.C. 20548....


the data subject or authorized representative. However, in cases where GAO deems it appropriate (for example, where the record is voluminous), the system manager or designee in...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR83.18] [Page 80] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 83_PRIVACY PROCEDURES FOR PERSONNEL RECORDS--Table of Contents Sec. 83.18 Rights of legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ...


of GAO, GAO shall, consistent with its authority, cause the requirements of this part to be applied to such system. Any such contractor and any employee of such...


[Code of Federal Regulations] [Title 4, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 4CFR83.20] [Page 80] TITLE 4--ACCOUNTS CHAPTER I--GENERAL ACCOUNTING OFFICE PART 83_PRIVACY PROCEDURES FOR PERSONNEL RECORDS--Table of Contents Sec. 83.20 Mailing lists. An individual's name and address may not be sold or rented by GAO unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. [[Page 81]] ...


available to the data subject or his authorized representative and access to and amendment of the records and other sections relating to procedural requirements of...




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