Technical Questions

The regulations addressing the requirements for taking performance-based actions are found in part 432 of title 5, Code of Federal Regulations, not in the appraisal regulations at part 430. The law and regulations require agencies to assist unacceptable employees to improve, and, if the provisions at section 4303 of title 5, United States Code, and part 432 of title 5, Code of Federal Regulations (CFR), are going to be used in proposing and taking an adverse action based on unacceptable performance, an opportunity to demonstrate acceptable performance must be provided. The regulations in part 430 of title 5, Code of Federal Regulations refer more generally to taking an action based on unacceptable performance. This action could be pursued either under the provisions of 5 United States Code, chapter 43 or under the adverse action provisions of 5 United States Code, chapter 75, which has no specific requirement for an opportunity period.