5 C.F.R. § 430.210

OPM responsibilities

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(a) OPM shall review and approve an agency's performance appraisal system(s).

(b) OPM must evaluate and certify the operation and application of an agency's performance appraisal system(s) on a biennial basis. OPM may recommend that the Office of Management and Budget limit an agency's aggregate awards spending based on an unfavorable evaluation. OPM must issue biennial certification criteria and policy.

(c) If OPM determines that an appraisal system or program does not meet the requirements of applicable law, regulation, or OPM policy, including but not limited to the merit system principles set forth under 5 U.S.C. 2301, it shall direct the agency to implement an appropriate system or program or to take other corrective action.

[60 FR 43943, Aug. 23, 1995, as amended at 91 FR 41538, July 7, 2026]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2009–2022 · leading case: Adamsen v. Dep't of Agric., 563 F.3d 1326 (Fed. Cir. 2009).
Adamsen v. Dep't of Agric., 563 F.3d 1326 (Fed. Cir. 2009). “” 5 C.F.R. § 430.210 . At the outset of its administration of these provisions, the Board required agencies to show, in every case as part of their defense to challenges to performance-based adverse actions taken pursuant to performance appraisal systems, that OPM had approved…”
D'Anna Laminack v. Dep't of the Interior, No. DA-0432-20-0177-I-1 (MSPB July 6, 2022). “209 (a), which OPM shall review and approve, 5 C.F.R. § 430.210 (a). ¶10 An agency must implement performance appraisal plans that conform to requirements set forth in OPM’s approval of its performance appraisal system.”
Rangel v. Dep't of Homeland Sec., 310 F. App'x 385 (Fed. Cir. 2009). “§ 4302 (a)(1), (b)(1),(3), (b)(6); 5 C.F.R. § 430.210 . In the arbitration proceedings, Rangel made the following statements about OPM’s approval of her agency’s performance appraisal system: On the second day of the hearing, Ran-gel’s representative stated that “the question of…”
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