5 CFR 359.403
§ 359.403 Removal: Conduct.
United States · 5 CFR — Administrative Personnel · Status: effective
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- Citation
- 5 CFR 359.403, § 359.403 Removal: Conduct, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/6230
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Full text
(a) Coverage.
(1) This section covers the removal of a career appointee from the SES during the probationary period for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
(2) This section does not apply, however, when the appointee was covered under 5 U.S.C. 7511 immediately before appointment to the SES. In that case, the removal is subject to the provisions of part 752, subpart F, of this chapter.
(b) 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 basis for the removal action (including the act(s) of misconduct, neglect of duty, or malfeasance if those factors are involved); and
(2) 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.