5 C.F.R. § 359.605 Notice requirements.
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 359—REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS
Subpart F—Removal of Career Appointees as a Result of Reduction in Force
§ 359.605 Notice requirements.
(a) Each career appointee subject to removal under §359.604(b) is entitled to a specific, written notice at least 45 calendar days before the effective date of the removal. The notice shall state, as a minimum—
(1) The action to be taken and its prospective effective date;
(2) The nature of the competition, including the appointee's competitive area, if less than the agency, and standing on the retention register;
(3) The place where the appointee may inspect the regulations and records pertinent to the action;
(4) Placement rights within the agency and through OPM, including how the employee can apply for OPM placement assistance; and
(5) The appointee's appeal rights, including the time limit for appeal and the location of the Merit Systems Protection Board office to which an appeal should be sent.
(b) A career appointee who has received a notice under paragraph (a) of this section is entitled to a second notice in writing at least 1 day before removal from the SES. The notice shall state, as a minimum—
(1) The basis for the removal, i.e., 5 U.S.C. 3595(b)(5) if the basis is expiration of the 45-day OPM placement period, or 5 U.S.C. 3595(b)(4) if the basis is declination of a reasonable offer of placement, in which case identify the position offered and the date on which it was declined;
(2) The effective date of the removal;
(3) Placement rights outside the SES and, when applicable, the appointee's eligibility for discontinued service retirement in lieu of placement; and
(4) Reminder of the appointee's appeal rights.
[60 FR 6389, Feb. 2, 1995]
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