5 C.F.R. Subpart I—Removal of Noncareer and Limited Appointees and Reemployed Annuitants


Title 5 - Administrative Personnel

Title 5: Administrative Personnel
PART 359—REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS

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Subpart I—Removal of Noncareer and Limited Appointees and Reemployed Annuitants

§ 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.

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