5 CFR § 359.403 - Removal: Conduct.

---
identifier: "/us/cfr/t5/s359.403"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 359.403 - Removal: Conduct."
title_number: 5
title_name: "Administrative Personnel"
section_number: "359.403"
section_name: "Removal: Conduct."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "359"
part_name: "REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1302, 3302, and 3596, unless otherwise noted."
regulatory_source: "54 FR 18876, May 3, 1989, unless otherwise noted."
cfr_part: "359"
---


# 359.403 Removal: Conduct.

(a) *Coverage.* (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.

(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.

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

(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

(2) Show the effective date of the action.