5 CFR § 359.404 - Removal: Conditions arising before appointment.

---
identifier: "/us/cfr/t5/s359.404"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 359.404 - Removal: Conditions arising before appointment."
title_number: 5
title_name: "Administrative Personnel"
section_number: "359.404"
section_name: "Removal: Conditions arising before appointment."
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"
---


# 359.404 Removal: Conditions arising before appointment.

(a) *Coverage.* (1) This section covers the removal of a career appointee from the SES during the probationary period when the action is based in whole or in part on conditions arising before the appointment.

(2) This section does not apply, however, when the career 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.* (1) The agency shall give the appointee an advance written notice stating the specific reasons for the proposed removal.

(2) The appointee shall be given a reasonable time to reply.

(3) The agency shall give the appointee a written decision showing the reasons for the action and the effective date. The decision shall be given to the appointee at or before the time the action will be made effective.