Section 38

The Agency may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while he or she was in the employment of the transferring body, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the transferring body, and if this Act had not been enacted.