---
kind: "section"
citation: "5 C.F.R. § 359.503"
title: "5"
number: "359.503"
heading: "Restrictions."
url: "https://uscodex.org/cfr/5/359.503"
---

# §359.503. Restrictions.

- (a) Removal from the SES under this subpart may not be made effective within 120 days after—
  - (1) The appointment of a new agency head; or
  - (2) **The appointment in the agency of the career appointee's most immediate supervisor who—**
    - (i) Is a noncareer appointee; and
    - (ii) **Has the authority to remove the career appointee.**
- (b) For purposes of this section, a noncareer appointee includes an SES noncareer or limited appointee, an appointee in a position filled by Schedule C, or an appointee in an Executive Schedule or equivalent position other than a career Executive Schedule or equivalent position.
- (c) This restriction does not apply when the career appointee has received a final rating of unsatisfactory under the performance appraisal system established by the agency under subchapter II of chapter 43 of title 5, United States Code, before the appointment of a new agency head or the appointment of the career appointee's most immediate noncareer supervisor who has the authority to remove the career appointee.

## Notes

### Amendments

[54 FR 18876, May 3, 1989, as amended at 57 FR 10125, Mar. 24, 1992]

### 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

[54 FR 18876, May 3, 1989, as amended at 57 FR 10125, Mar. 24, 1992]