5 C.F.R. Subpart D—Agency Suitability Action Procedures
Title 5 - Administrative Personnel
(a) Coverage. This subpart sets forth the procedures to be followed when an agency proposes to take a final suitability action against an applicant or appointee. (b) Definition. In this subpart, days mean calendar days. The agency shall provide the applicant or appointee (hereinafter, the “respondent”) reasonable notice in writing of the proposed action and of the charges against the respondent (including the availability for review, upon request, of the materials relied upon). The notice shall state the specific reasons for the proposed action, and that the respondent has the right to answer the notice in writing. The notice shall inform the respondent of the time limits for response as well as the address to which such response should be made. If the respondent is employed in the competitive service on the date the notice is served, the respondent shall be entitled to be retained in a pay status during the notice period. A respondent may answer the charges in writing and furnish documentation and/or affidavits in support of the response. The decision shall be in writing, dated, and inform the respondent of the reasons for the decision. The respondent shall also be informed that an adverse decision can be appealed in accordance with subpart E of this part. The employing agency shall remove an appointee from the rolls within 5 work days of their final decision.
Title 5: Administrative Personnel
PART 731—SUITABILITY
Subpart D—Agency Suitability Action Procedures
§ 731.401 Scope.
§ 731.402 Notice of proposed action.
§ 731.403 Answer.
§ 731.404 Decision.
