5 C.F.R. § 359.503 Restrictions.
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 359—REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS
Subpart E—Removal of Career Appointees for Less Than Fully Successful Executive Performance
§ 359.503 Restrictions.
(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.
[54 FR 18876, May 3, 1989, as amended at 57 FR 10125, Mar. 24, 1992]
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