{"data":{"id":"us/42-cfr-24.8","jurisdiction":"us","citation":"42 CFR 24.8","heading":"Removal from the Service.","body":"(a) A member of the Service may be subject to disciplinary action, including removal from the Service, for substandard performance of duty as a member of the service, for misconduct, for reasons of national security or for other reasons as determined by the Secretary.\n(b) A member for whom disciplinary action is proposed is entitled to:\n(1) Written notice of the proposed action and the basis therefor;\n(2) A reasonable opportunity to answer the notice of proposed action both orally and in writing;\n(3) The right to be represented by an attorney or other representative in making such answer; and\n(4) A written decision on the proposal.\n(c) The decision may be made by an official with delegated authority to take such action, but in no case may the official be at a level below the head of the Operating Division where the member is assigned.\n(d) A member who is separated from the Service involuntarily and without cause and who, immediately prior to his appointment to the Service, was a career appointee in the civil service or the Senior Executive Service, may be appointed to a position in the competitive civil service at grade GS-15 of the General Schedule. Such an appointment may be made by the Secretary or his/her designee without regard to the provisions of title 5, U.S. Code regarding appointments in the civil service.\n(e) A member who is separated from the Service involuntarily and without cause and who, immediately prior to appointment to the Service, was not a career appointee in the civil service or the Senior Executive Service may be appointed to a position in the excepted civil service at grade GS-15 of the General Schedule for a period not to exceed two years.\n(f) There shall be no right to further review of the final decision on a disciplinary action. At his/her discretion, the Secretary may review an action taken under this section and may reduce, suspend, or overrule the action taken.\n(g) A member of the Service may be removed from the Service for such other reasons as may be prescribed by the Secretary.","path":["Title 42—Public Health","CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES","SUBCHAPTER B—PERSONNEL","PART 24—SENIOR BIOMEDICAL RESEARCH AND BIOMEDICAL PRODUCT ASSESSMENT SERVICE"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-42.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:11Z","sha256":"923984efa0138ce5fa7b0290ad0fb8f3880fd24c3084b84fe5c13b6cfa0f3353","source_id":"us-cfr","stale":true,"prev":"us/42-cfr-24.7","next":"us/42-cfr-24.9"},"notice":"GroundRules: Original legal text. Not legal advice."}