C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 430—PERFORMANCE MANAGEMENT › Subpart B—Performance Appraisal for General Schedule, Prevailing Rate, and Certain Other Employees

5 C.F.R. § 430.207

Monitoring performance

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Link to an amendment published at 91 FR 41537, July 7, 2026.

(a) Minimum period. An appraisal program shall establish a minimum period of performance that must be completed before a performance rating may be prepared.

(b) Ongoing appraisal. An appraisal program shall include methods for appraising each critical and non-critical element during the appraisal period. Performance on each critical and non-critical element shall be appraised against its performance standard(s). Ongoing appraisal methods shall include, but not be limited to, conducting one or more progress reviews during each appraisal period.

(c) Marginal performance. Appraisal programs should provide assistance whenever performance is determined to be below “Fully Successful” or equivalent but above “Unacceptable.”

(d) Unacceptable performance. An appraisal program shall provide for—

(1) Assisting employees in improving unacceptable performance at any time during the appraisal period that performance is determined to be unacceptable in one or more critical elements; and

(2) Taking action based on unacceptable performance.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1983–2026 · leading case: Nat'l Treasury Employees Union v. Donald J. Devine, Dir., Off. of Pers. Mgmt., 733 F.2d 114 (D.C. Cir. 1984).
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Nat'l Treasury Employees Union v. Donald J. Devine, Dir., Off. of Pers. Mgmt., 733 F.2d 114 (D.C. Cir. 1984). · cites it 3× “49,-481 (1983) (to be codified at 5 C.F.R. § 430.207 (a)) (emphasis added).”
Nat'l Treasury Employees Union v. Devine, 577 F. Supp. 738 (D.D.C. 1983). “at 49481 (to be codified at 5 C.F.R. § 430.207 ). 3. OPM must approve cash awards in excess of $10,000 for outstanding performance.”
Ram K. Tripathi v. Nat'l Aeronautics & Space Admin (MSPB 2016). · cites it 2× “” 5 C.F.R. §§ 430.207 (c), 430.208(d); see Jackson– Francis, 103 M.”
Deborah Khan v. Dep't of Just. (MSPB 2026). · cites it 2× “88 , ¶ 14; 5 C.F.R. §§ 430.207 (c), 430.208(d). If an agency adopts such a performance appraisal system, an appellant’s performance could be below “fully successful” without falling to the level that would support removal.”
Wanda T. Mallory v. Dep't of Agric. (MSPB 2015). “, ¶¶ 14-15; 5 C.F.R. §§ 430.207 (c), 430.208(d). When there is such an intermediary rating level, an appellant could reach a marginal level of performance without falling to the unacceptable level of performance that would support removal under chapter 43.”
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