5 CFR §359.605
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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.