4 CFR § 28.141 - Performance based actions.

---
identifier: "/us/cfr/t4/s28.141"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "4 CFR § 28.141 - Performance based actions."
title_number: 4
title_name: "Accounts"
section_number: "28.141"
section_name: "Performance based actions."
chapter_name: "GOVERNMENT ACCOUNTABILITY OFFICE"
subchapter_number: "B"
subchapter_name: "GENERAL PROCEDURES"
part_number: "28"
part_name: "GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES APPLICABLE TO CLAIMS CONCERNING EMPLOYMENT PRACTICES AT THE GOVERNMENT ACCOUNTABILITY OFFICE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "31 U.S.C. 753."
regulatory_source: "58 FR 61992, Nov. 23, 1993, unless otherwise noted."
cfr_part: "28"
---


# 28.141 Performance based actions.

A career appointee removed from SES to a GAO position outside the SES for less than fully successful executive performance shall, upon notice of such removal, be entitled, upon request, to an informal hearing before a member of the Board designated by the Chair of the Board.

(a) At the informal hearing, the career appointee and/or a representative and the agency may appear and present documentary evidence and argument.

(b) The Board member will determine which, if any, witnesses will be allowed to testify. As a general rule, no cross-examination of witnesses will be allowed. The Board member will have discretion to allow cross-examination of witnesses in exceptional circumstances.

(c) The informal hearing shall not give the career appointee the right to initiate an action with the Board under another provision of these rules, nor need the removal action be delayed as a result of the granting of such hearing.