86
STAT.]
143
PUBLIC LAW 92-297-MAY 16, 1972
the service if the Secretary of Transportation determines that the separation of the controller is necessary m the interest of— "(1) aviation safety; " (2 ^ the efficient control of air traffic; or "(3) the preservation of the physical or mental health of the controller. Chapter 75 of this title does not apply to a determination or action under this section. Separation under this section shall not become final, without the consent of the controller, until the last day of the second month following the day the controller receives a notification of the determination by the Secretary under this section, or, if a review is requested under section 3383 of this title, the last day of the month in which a final decision is issued by a board of review under section 3383(c) of this title, whichever is later. A controller who is to be separated under this section is entitled to training under section 3381 of this title. Separation of such a controller who elects to receive training under section 3381 shall not become final until the last day of the month following the completion of his training. "§ 3383. Determinations; review procedures " (a) An air traffic controller subject to a determination by the Secretary of Transportation under section 3381(a) or section 3382 of this title, shall be furnished a written notice of the determination and the reasons therefor, and a notification that the controller has 15 days after the receipt of the notification within which to file a written request for reconsideration of the determination. Unless the controller files such a request within the 15 days, or unless the determination is rescinded by the Secretary within the 15 days, the determination shall be final. "(b) If the Secretary does not rescind his determination within 15 days after his receipt of the written request filed by the controller under subsection (a) of this section, the Secretary shall immediately convene a board of review, consisting of— "(1) a person designated by the controller; "(2) a representative of the Department of Transportation designated by the Secretary; and "(3) a representative of the Civil Service Commission, designated by the Chairman, who shall serve as chairman of the board of review. "(c) The board of review shall review evidence supporting and inconsistent with the determination of the Secretary and, within a period of 30 days after being convened, shall issue its findings and furnish copies thereof to the Secretary and the controller. The board may approve or rescind the determination of the Secretary. A decision by the board under this subsection is final. The Secretary shall take such action as may be necessary to carry out the decision of the board. " (d) Except as provided under section 3382 of this title, the reviewprocedure of this section is in addition to any other review or appeal procedures provided under any other provision of law, but is the sole and exclusive administrative remedy available to a controller within the Department of Transportation. "§3384. Regulations "The Secretary of Transportation is authorized to issue regulations to carry out the provisions of this subchapter. "§ 3385. Effect on other authority "This subchapter shall not limit the authority of the Secretary of Transportation to reassign temporarily an air traffic controller to other duties with or without notice, in the interest of the safe or efficient separation and control of air traffic or the physical or mental health
5 USC 7501.
Review board.
Membership.
Findings, copies to Secretary and controller.
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