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. § 430.209

Agency responsibilities

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Link to an amendment published at 91 FR 41538, July 7, 2026.

An agency shall—

(a) Submit to OPM for approval a description of its appraisal system(s) as specified in § 430.204(b) of this subpart, and any subsequent changes that modify any element of the agency's system(s) that is subject to a regulatory requirement in this part;

(b) Transfer the employee's most recent ratings of record, and any subsequent performance ratings, when an employee transfers to another agency or is assigned to another organization within the agency in compliance with part 293 of this chapter and instructions in the OPM Operating Manual, THE GUIDE TO PERSONNEL RECORDKEEPING, for sale by the U.S. Government Printing Office, Superintendent of Documents;

(c) Communicate with supervisors and employees (e.g., through formal training) about relevant parts of its performance appraisal system(s) and program(s);

(d) Evaluate the performance appraisal system(s) and performance appraisal program(s) in operation in the agency;

(e) Report ratings of record data to the Central Personnel Data File in compliance with instructions in the OPM Operating Manual, FEDERAL WORKFORCE REPORTING SYSTEMS, for sale by the U.S. Government Printing Office, Superintendent of Documents;

(f) Maintain and submit such records as OPM may require; and

(g) Take any action required by OPM to ensure conformance with applicable law, regulation, and OPM policy.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2009–2025 · leading case: Adamsen v. Dep't of Agric., 563 F.3d 1326 (Fed. Cir. 2009).
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Adamsen v. Dep't of Agric., 563 F.3d 1326 (Fed. Cir. 2009). “” 5 C.F.R. § 430.209 (a). OPM has not further articulated its standards for reviewing changes in previously approved plans.”
D'Anna Laminack v. Dep't of the Interior (MSPB 2022). “Agencies shall submit to OPM for its approval a description of its appraisal system, 5 C.F.R. § 430.209 (a), which OPM shall review and approve, 5 C.”
David Green v. Dep't of the Army (MSPB 2024). “330 , 333-34 (1985) (explaining that, under 5 C.F.R. §§ 430.209 (a), 430.210, it is the overall appraisal system, not the particular performance standards, which require OPM approval).”
John E Baker v. Dep't of Com. (MSPB 2025). “Under 5 C.F.R. §§ 430.209 (a), 430.210, it is the overall appraisal system, not the particular performance standards, which require OPM approval.”
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