§ 359.403 Removal: Conduct

5 CFR 359.403(a)(a) Coverage.

5 CFR 359.403(a)(1)(1) This section covers the removal of a career appointee from the SES during the probationary period for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

5 CFR 359.403(a)(2)(2) This section does not apply, however, when the appointee was covered under 5 U.S.C. 7511 immediately before appointment to the SES. In that case, the removal is subject to the provisions of part 752, subpart F, of this chapter.

5 CFR 359.403(b)(b) Procedures. The agency shall notify the appointee in writing before the effective date of the action. The notice shall, as a minimum—

5 CFR 359.403(b)(1)(1) State the basis for the removal action (including the act(s) of misconduct, neglect of duty, or malfeasance if those factors are involved); and

5 CFR 359.403(b)(2)(2) Show the effective date of the action.