---
kind: "section"
citation: "5 C.F.R. § 359.401"
title: "5"
number: "359.401"
heading: "General exclusions."
url: "https://uscodex.org/cfr/5/359.401"
---

# §359.401. General exclusions.


This subpart does not apply to the removal of a career appointee during probation when—

- (a) The action is initiated under 5 U.S.C. [1206(g)](/usc/5/1206.md?p=g) or [5](/usc/5/5.md) U.S.C. 7542;
- (b) The removal is effected under subpart C of this part for failure to be recertified; or
- (c) **The appointee is a reemployed annuitant.** See subpart I of this part for removal of a reemployed annuitant.

## Notes

### Amendments

[56 FR 172, Jan. 3, 1991]

### Authority

Authority: 5 U.S.C. 1302, 3302, and 3596, unless otherwise noted.

### Source

Source: 54 FR 18876, May 3, 1989, unless otherwise noted.

### Amendments

[56 FR 172, Jan. 3, 1991]