---
kind: "section"
citation: "5 C.F.R. § 359.605"
title: "5"
number: "359.605"
heading: "Notice requirements."
url: "https://uscodex.org/cfr/5/359.605"
---

# §359.605. Notice requirements.

- (a) Each career appointee subject to removal under [§ 359.604(b)](/cfr/5/359.604.md?p=b) is entitled to a specific, written notice at least 45 calendar days before the effective date of the removal. The notice shall state, as a minimum—
  - (1) The action to be taken and its prospective effective date;
  - (2) The nature of the competition, including the appointee's competitive area, if less than the agency, and standing on the retention register;
  - (3) The place where the appointee may inspect the regulations and records pertinent to the action;
  - (4) Placement rights within the agency and through OPM, including how the employee can apply for OPM placement assistance; and
  - (5) The appointee's appeal rights, including the time limit for appeal and the location of the Merit Systems Protection Board office to which an appeal should be sent.
- (b) A career appointee who has received a notice under [paragraph (a)](#a) of this section is entitled to a second notice in writing at least 1 day before removal from the SES. The notice shall state, as a minimum—
  - (1) The basis for the removal, i.e., [5 U.S.C. 3595(b)(5)](/usc/5/3595.md?p=b-5) if the basis is expiration of the 45-day OPM placement period, or [5 U.S.C. 3595(b)(4)](/usc/5/3595.md?p=b-4) if the basis is declination of a reasonable offer of placement, in which case identify the position offered and the date on which it was declined;
  - (2) The effective date of the removal;
  - (3) Placement rights outside the SES and, when applicable, the appointee's eligibility for discontinued service retirement in lieu of placement; and
  - (4) **Reminder of the appointee's appeal rights.**

## Notes

### Amendments

[60 FR 6389, Feb. 2, 1995]

### 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

[60 FR 6389, Feb. 2, 1995]