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4913.3 decision and notify the Director of Pergonnel and in security cases make its recommendation to the Secretary of Defense, as to the action to be taken. However, in making its determina- tion in loyalty and security cases, no inference or presumption should be assumed by the Board because of the failure or refusal of an individual to reply to the notice of charges. Despite his failure or refusal to reply, the Board shall furnish him a notice of the time and place when the Board proposes to con- sider his case, in order that the individual and his counsel or representative may appear if he so desires. .03 If the individual requests a hearing, the procedure stated in Section 4913.5 hereof will be followed. 04 An applicant for employment who has been served by the Board with notice of charges is entitled to the same hearing and right of appeal to which an employee is entitled. 4913.4 - Suspension Pending Removal 01 An employee against whom charges are filed should not be suspended until he has had an opportunity for a hearing before the Board, except in cases where the circumstances are such that the retention of the employee in an active duty status may be detrimental to the interests of the Government. In such caseg the employee may be temporarily assigned to duties in which this condition would not exist, or placed on annual leave, pro- vided he has sufficient leave to his credit to cover the re- quired period, placed on leave without pay with his consent, or suspended. .02 In effecting suspension of persons covered by Public Law 623, 80th Congress, the procedure relating to suspension set forth in section 9.102 of the Civil Service Commission regu- lations (see Chapter Z1 of the Federal Personnel Manual) or, in cases of preference eligible veterans, in section 22.2, shall be observed. In cases in which initial consideration indicates that suspension may be warranted, the notice of such proposed suspension may be included in the notice of proposed removal action. .03 If the determination made by the Board in any loyalty case is that removal of the employee is warranted under the authority of section 9A of the Hatch Act or of provisions in the appropriation act of the Department of Defense that pro- hibits payment of salary or wages to any person who advocates or who is a member of an organization that advocates the over- throw of the Government of the United States by force or vio- lence, the employee shall be suspended immediately. 15 Jan 50

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    "ocrText": "4913.3\ndecision and notify the Director of Pergonnel and in security\ncases make its recommendation to the Secretary of Defense, as\nto the action to be taken. However, in making its determina-\ntion in loyalty and security cases, no inference or presumption\nshould be assumed by the Board because of the failure or refusal\nof an individual to reply to the notice of charges. Despite\nhis failure or refusal to reply, the Board shall furnish him a\nnotice of the time and place when the Board proposes to con-\nsider his case, in order that the individual and his counsel\nor representative may appear if he so desires.\n.03 If the individual requests a hearing, the procedure\nstated in Section 4913.5 hereof will be followed.\n04 An applicant for employment who has been served by the\nBoard with notice of charges is entitled to the same hearing and\nright of appeal to which an employee is entitled.\n4913.4 - Suspension Pending Removal\n01 An employee against whom charges are filed should not\nbe suspended until he has had an opportunity for a hearing before\nthe Board, except in cases where the circumstances are such that\nthe retention of the employee in an active duty status may be\ndetrimental to the interests of the Government. In such caseg\nthe employee may be temporarily assigned to duties in which\nthis condition would not exist, or placed on annual leave, pro-\nvided he has sufficient leave to his credit to cover the re-\nquired period, placed on leave without pay with his consent, or\nsuspended.\n.02 In effecting suspension of persons covered by Public\nLaw 623, 80th Congress, the procedure relating to suspension\nset forth in section 9.102 of the Civil Service Commission regu-\nlations (see Chapter Z1 of the Federal Personnel Manual) or, in\ncases of preference eligible veterans, in section 22.2, shall\nbe observed. In cases in which initial consideration indicates\nthat suspension may be warranted, the notice of such proposed\nsuspension may be included in the notice of proposed removal\naction.\n.03 If the determination made by the Board in any loyalty\ncase is that removal of the employee is warranted under the\nauthority of section 9A of the Hatch Act or of provisions in\nthe appropriation act of the Department of Defense that pro-\nhibits payment of salary or wages to any person who advocates\nor who is a member of an organization that advocates the over-\nthrow of the Government of the United States by force or vio-\nlence, the employee shall be suspended immediately.\n15 Jan 50"
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