5 CFR 359.503
§ 359.503 Restrictions.
United States · 5 CFR — Administrative Personnel · Status: effective
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- Citation
- 5 CFR 359.503, § 359.503 Restrictions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/6238
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Full text
(a) Removal from the SES under this subpart may not be made effective within 120 days after—
(1) The appointment of a new agency head; or
(2) The appointment in the agency of the career appointee's most immediate supervisor who—
(i) Is a noncareer appointee; and
(ii) Has the authority to remove the career appointee.
(b) For purposes of this section, a noncareer appointee includes an SES noncareer or limited appointee, an appointee in a position filled by Schedule C, or an appointee in an Executive Schedule or equivalent position other than a career Executive Schedule or equivalent position.
(c) This restriction does not apply when the career appointee has received a final rating of unsatisfactory under the performance appraisal system established by the agency under subchapter II of chapter 43 of title 5, United States Code, before the appointment of a new agency head or the appointment of the career appointee's most immediate noncareer supervisor who has the authority to remove the career appointee.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.