5 C.F.R. § 432.101
Statutory authority
This part applies to reduction in grade and removal of employees covered by the provisions of this part based solely on performance at the unacceptable level. 5 U.S.C. 4305 authorizes the Office of Personnel Management to prescribe regulations to carry out the purposes of title 5, chapter 43, United States Code, including 5 U.S.C. 4303, which covers agency actions to reduce in grade or remove employees for unacceptable performance. (The provisions of 5 U.S.C. 7501 et seq., may also be used to reduce in grade or remove employees. See part 752 of this chapter.)
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1986–2023 · leading case: Chenshiang Lin v. Dep't of the Air Force, 2023 MSPB 2 (MSPB 2023).
Chenshiang Lin v. Dep't of the Air Force, 2023 MSPB 2 (MSPB 2023). “5 C.F.R. § 432.101 . ¶10 When the initial decision was issued, the Board’s case law stated that, in an appeal of a typical performance-based removal under chapter 43, the agency was required to prove the following by substantial evidence: (1) OPM approved 4 A reply is limited to…”
Von Drasek v. Burwell, 121 F. Supp. 3d 143 (D.D.C. 2015). “(2014), an employee for whom removal has been proposed has the right to provide a written response, and as part of this response, the employee may provide medical records, which the employer must consider before issuing a final decision on the proposed employment action, see ■ 5…”
Brown v. United States, 631 F. Supp. 954 (D.D.C. 1986). “§ 4303 and regulations promulgated thereunder, 5 C.F.R. § 432.101 et seq. Amended Complaint, ¶ 20.”
Larice Cooper v. Dep't of the Navy (MSPB 2023). “7 On review, the appellant notes that the agency’s stated legal authority for the removal action on the Standard Form (SF) 50 is 5 C.F.R. § 432.101 , a regulatory provision describing the statutory authority for performance-based reduction-in-grade and removal actions.”
Sandra Epley v. Inter-Am. Found., 2015 MSPB 46 (MSPB 2015). “See IAF, Tab 13 at 18, Tab 14; see generally 5 C.F.R. § 432.101 (pertaining to performance-based actions taken pursuant to chapter 43 of Title 5).”
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