5 CFR 359.402

§ 359.402 Removal: Unacceptable performance.

United States · 5 CFR — Administrative Personnel · Status: effective

Cite this

Citation: 5 CFR 359.402, § 359.402 Removal: Unacceptable performance, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/6229
Permanent ID: ys:prov:6229@1
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Full text

(a) Coverage. This section covers the removal of a career appointee from the SES during the probationary period for unacceptable performance. (b) Basis for action. A removal under this section need not be based upon a final rating under the agency's SES performance appraisal system established under subpart C of part 430 of this chapter. Even if a removal is based on such a rating, the removal action is taken under this section. (c) Procedures. The agency shall notify the appointee in writing before the effective date of the action. The notice shall, as a minimum— (1) State the agency's conclusions as to the inadequacies of the appointee's performance; (2) State whether the appointee has placement rights under § 359.701 and, if so, identify the position to which the appointee will be assigned; and (3) Show the effective date of the action.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.