5 CFR 359.902 - Conditions of removal.

Regulations last checked for updates: Nov 24, 2024

Title 5 - Administrative Personnel last revised: Oct 24, 2024

Collapse to view only § 359.902 - Conditions of removal.

Table of Contents

§ 359.901 - Coverage.

§ 359.902 - Conditions of removal.

§ 359.901 - Coverage.

(a) This subpart covers the removal from the SES of—

(1) A noncareer appointee;

(2) A limited emergency or a limited term appointee; and

(3) A reemployed annuitant holding any type of appointment under the SES.

(b) Coverage does not include, however, a limited emergency or a limited term appointee who is being removed for disciplinary reasons and who is covered by 5 CFR 752.601(c)(2).

§ 359.902 - Conditions of removal.

(a) Authority. The agency may remove an appointee subject to this subpart at any time.

(b) Notice. The agency shall notify the appointee in writing before the effective date of the removal.

(c) Placement rights. An appointee covered by this subpart is not entitled to the placement rights provided for career appointees under subpart G of this part.

(d) Appeals. Actions taken under this subpart are not appealable to the Merit Systems Protection Board under 5 U.S.C. 7701.

authority: 5 U.S.C. 1302,3302,and,unless

source: 54 FR 18876, May 3, 1989, unless otherwise noted.

cite as: 5 CFR 359.902